SCC - Respondent - Manufactor or Retailer

roc2009

~Sorry to all if I have the wrong forum...

Hi, We bought our dishwasher Sept '10 with a 5 year guarantee for parts & labour (We bought 5 brand items costing a far bit).

Back in early October we noticed the machine wasnt heating the water with the result that dishes still dirty at end of cycle. I contacted the Retailer who logged the problem and an engineer was sent out from an independent company. After 3 visits from the engineer the dishwasher is still not fixed (The engineer never stayed to check during cycle to see if water heated) I rang the Retailer again this morning and was told that a report from the engineer was sent in to state that the problem lay with the owners mis-using the machine!! I asked how could we mis-use a dishwasher and was told that I opened door during the cycle!! This I was told to do by the engineer to check if the water was hot! otherwise how would I know if the problem had been fixed....(My last dishwasher lasted 12 years).

Well the short of it is that the engineer sent his report to manufactor & retailer and now there refusing to fix or replace the machine!

I feel that I have been mis treated and I really cant afford a new dish washer and hoping that the SCC will be able to help but Im unsure to list as the respondent - Manufactor or Retailer...

ZENER

Sounds like rubbish ! Opening the door wouldn't damage the unit.

I'm guessing that it's the retailer you'll be chasing as they are the party with whom you have the contract. I'd also ask for a copy of the engineers report. How did you pay for it by the way ?

Ken

roc2009

Paid by CC - we got a new kitchen last september & bought 5 appliances through them as it was a good offer of 5 years gurantee. I was looking at the manual and sure it even says on quick operation guide...

> Add forgotten dishes in the dishwasher.....1.open the dorr a little to stop the dishwasher. 2. After the spray arms stop working, you can open completely. 3. Add the forgotten dishes. 4. Close the door, the dishwasher will start running again after 10 seconds..

.comes with a warning about the steam when door is opened..but sure I dont have this problem with cold water!!!!

Im just so annoyed! I just want the machine fixed! Will get onto tomorrow and ask for the report.

thanks for your advice

foggy_lad

roc2009 wrote: »

Paid by CC - we got a new kitchen last september & bought 5 appliances through them as it was a good offer of 5 years gurantee. I was looking at the manual and sure it even says on quick operation guide...

> Add forgotten dishes in the dishwasher.....1.open the dorr a little to stop the dishwasher. 2. After the spray arms stop working, you can open completely. 3. Add the forgotten dishes. 4. Close the door, the dishwasher will start running again after 10 seconds..

.comes with a warning about the steam when door is opened..but sure I dont have this problem with cold water!!!!

Im just so annoyed! I just want the machine fixed! Will get onto tomorrow and ask for the report.

thanks for your advice

Your contract of sale is with the shop/retailer/company that sold you the goods NOT the manufacturer(unlessz you bought direct from them).

It would not surprise me if the story about the engineer calling it customer mis-use if fabricated as they are most likely trying to get rid of you because they are fully responsible for repairing replacing or refunding for the faulty item!

Write to the shop outlining what you want done, you want redress for the faulty item either repair replacement or refund and as repairs have already failed a few times a replacement or refund is on the cards.

Your next step should be to get the small claims court forms and start filling them out to have them ready if the shop refuses to deal with it. The whole SCC procedure should cost €15 but may take a couple of months.

roc2009

Thanks foggylad, I'll get a letter in the post to the retailer today. I've no hesitation going the small claims road as I know Im in the right here (not often am I right but this time 100% right) Just wondering if I made a mistake buying the products for the safety net of a 5 year gurantee....what happen is the the fridge, cooker, hob packs in..

Zab

Can the SCC be used to get a manufacturer to honour their written warranty/guarantee?

wmpdd3

roc2009 wrote: »

Thanks foggylad, I'll get a letter in the post to the retailer today. I've no hesitation going the small claims road as I know Im in the right here (not often am I right but this time 100% right) Just wondering if I made a mistake buying the products for the safety net of a 5 year gurantee....what happen is the the fridge, cooker, hob packs in..

You could argue there is no need for any of these as the Sales of Goods and Services Act affords the consumer a superior level of cover:

http://www.nca.ie/nca/faultygoods

You can return to your retailer at any 'reasonable' time and claim for recompense for a product that has a manufacturing fault. This could be up to 6 years after the date of purchase.

Most of the 5 years warrantys I see cover parts cover parts but not labour, when really all you want is a machine that works like the day you bought it.

foggy_lad

Zab wrote: »

Can the SCC be used to get a manufacturer to honour their written warranty/guarantee?

Here is some information on the SCC

http://www.nca.ie/nca/smallclaims

Are you eligible?

You can use the Small Claims process if your claim is for €2,000 or less. Only certain claims can be brought using the small claims process. You can make a claim if you are:

A consumer, making a claim for goods or services bought for private use from someone selling them as part of a business
A business, making a claim for goods or services bought for business use from someone selling them as part of a business
Making a claim for minor damage to property
Making a claim if a rent deposit for certain kinds of rented properties has not been returned. For example, a holiday home or a room / flat in a premises where the owner also lives.

The manufacturer is not a party to your contract but can be forced by the courts to honour the guarantee or warrenty, but Afaik this must go through the District court rather than the SCC.

http://www.nca.ie/nca/guaranteeswarranties

Guarantees and warranties

A guarantee is a document from the manufacturer confirming that they will repair or replace an item if something goes wrong within a certain amount of time after you buy it. Products that come with a guarantee include household goods such as electrical appliances and furniture.

A guarantee gives you additional protection and strengthens your consumer rights. The guarantee usually applies to the goods during the lifetime of the guarantee.
Check the terms and conditions

Always check the terms and conditions of the guarantee. For example, you may need to register the guarantee with the manufacturer for certain conditions to be met. Unless you are expressly told otherwise when you bought the goods, deal directly with the retailer if you need to return goods under guarantee.
Don’t forget the small print

The guarantee might explain what happens if you give or sell the item to somebody else during the guarantee period. Find out exactly what is covered by the guarantee. For example, with electrical goods, are all parts or just specific parts covered? Is labour included and is there a limit on how much?
Warranties

When you are buying a product, the shop may ask if you would like to buy a warranty. This is like an insurance policy - it covers the product beyond the manufacturer's guarantee period.

So, you shouldn’t have to pay for repairs if the item breaks or becomes faulty within the period covered by the warranty.

Before you agree to a warranty, remember:

It is completely optional and can be expensive, so do not feel pressured to take one.
Consider the cost of replacing the faulty item and compare this to the cost of the warranty. Replacing the item may cost less than the warranty.
Guarantees and warranties are legally binding on the company – they are enforceable through the courts if necessary.