Legal Query - Can Anyone Advise ?

[kaiser78]

I have a bit of a legal dilemna and wonder if anyone can help...

I bought and had installed a kitchen from Howdens back in June 2008. However within 2 months the fan in the fridge/freezer had already packed in and had to be replaced via the warranty company, foc. Now, the same thing has happened again and I cannot use the f/f at the moment, which has presented the obvious difficulties.

The warranty company advised on Friday there would be a £100 charge just for callout + parts etc as this the unit is now out of warranty, including the previously replaced part and suggested I speak to Howdens. The Howdens branch where I bought the f/f from (for £600) have said it is nothing to do with them, I have to go via the warranty company.

I will be contacting Howdens customer services and asking for the f/f to be replaced or at least repaired foc and feel that having bought from them they should be liable - a f/f should not go so wrong so soon.

What is my legal position wrt Howdens - are they liable to provide a replacement for the faulty f/f that is less than 2 years old albeit out of warranty ?

[Moscow Mule]

Have a google for "Sale of goods act".

If an item hasn't lasted as long as you would reasonably expect (i'd say a f/f should last for 5-10 years?) then it is not fit for purpose. Various remedies are available.

[cybersquatter]

Also worth remembering that your contract is with Howdens, not the warranty company. It is a standard fob-off tactic to send you to the manufacturer, or in this case the warranty company, but it is Howdens who are liable for making good the problem (or not, as the case may be). If they choose to do it through a third party, that's up to them.