Problems with our cooker

Ricky91t

Hello all,
Im new here.
We have a problem with our cooker which we've had since last june the company were contacted by the business we got it off and they sent out an engineer a few days after..Sadly they sent out an electronic engineer and our cooker was a gas cooker so he listed the problem with the company and they said they would order in the parts.And here we are 6 weeks later waiting we were in the shop today and got an employee to phone the company he did and they said they ordered the parts but they were wrong so they are reordering them.Then when he asked how long till the engineer came out he was told as it has been a long time we can be given a replacement.We left thinking its sorted and thern we got a phonecall saying there was no cookers in stock so we'll have to upgrade to the next cooker up which means adding on €150.If we cant get the parts this seems to be our only option as the shop are'nt ordering anymore cookers in..
What can we do

Thanks

_feedback_

ricky91t wrote: »

Hello all,
Im new here.
We have a problem with our cooker which we've had since last june the company were contacted by the business we got it off and they sent out an engineer a few days after..Sadly they sent out an electronic engineer and our cooker was a gas cooker so he listed the problem with the company and they said they would order in the parts.And here we are 6 weeks later waiting we were in the shop today and got an employee to phone the company he did and they said they ordered the parts but they were wrong so they are reordering them.Then when he asked how long till the engineer came out he was told as it has been a long time we can be given a replacement.We left thinking its sorted and thern we got a phonecall saying there was no cookers in stock so we'll have to upgrade to the next cooker up which means adding on €150.If we cant get the parts this seems to be our only option as the shop are'nt ordering anymore cookers in..
What can we do

Thanks

Can't imagine that a cooker less than a year old would be so diffucult to obtain parts for... what cooker is it?

If they're insisting on upgrading etc, ask them to pay the €150 as a good will gesture because of all the trouble you've had ...

Oryx

They cant repair, they cant replace, so the next option is refund. Ask them for your money back to buy a cooker within your budget elsewhere. See what they say.

miju

elviscostello wrote: »

Can't imagine that a cooker less than a year old would be so diffucult to obtain parts for... what cooker is it?

having worked for a white goods manufacturer i wholeheartedly concur. in fact most parts can still be got for most cookers that are 15 years old as the parts are very generic in all makes across the board.

me thinks there might be a bit more to this

axer

KtK wrote: »

They cant repair, they cant replace, so the next option is refund. Ask them for your money back to buy a cooker within your budget elsewhere. See what they say.

+1

You are due a replacement or a repair but where they won't give either then you can demand a refund. This is covered by Section 53(2)(b) of the sale of goods and supply of services act 1980:

53.—(1) Subject to subsection (2), where there breach of is a breach of warranty by the seller, or where the warranty. buyer elects, or is compelled, to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods, but he may—

( a ) set up against the seller the breach of warranty in diminution or extinction of the price, or

( b ) maintain an action against the seller for damages for the breach of warranty.

(2) Where—

( a ) the buyer deals as consumer and there is a breach of a condition by the seller which, but for this subsection, the buyer would be compelled to treat as a breach of warranty, and

( b ) the buyer, promptly upon discovering the breach, makes a request to the seller that he either remedy the breach or replace any goods which are not in conformity with the condition,

then, if the seller refuses to comply with the request or fails to do so within a reasonable time, the buyer is entitled:

(i) to reject the goods and repudiate the contract, or

(ii) to have the defect constituting the breach remedied elsewhere and to maintain an action against the seller for the cost thereby incurred by him.

(3) The onus of proving that the buyer acted with promptness under subsection (2) shall be on him.

(4) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty.

(5) In the case of breach of warranty of quality such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty.

(6) The fact that the buyer has set up the breach of warranty in diminution or extinction of the price or that the seller has replaced goods or remedied a breach does not of itself prevent the buyer from maintaining an action for the same breach of warranty if he has suffered further damage.

So you can either ask for a full refund or get it fixed elsewhere and follow the seller through the small claims court for the costs incurred. Make sure you keep records of *all* contact between you can the seller and use letters where possible as it is hard to prove what is said face to face or via the phone.