Do I have to accept a Depreciated Refund

tele2

Hi, I've had a home appliance repaired 4 times in the past 2 months. The appliance had a 2 yr warranty that was upgraded to 5 yrs by the manufacturer owing to a design fault which the manufacturer owned up to on BBC Watchdog. the appliance was recalled. Mine broke down. It's now 4 years old. The appliance has been repaired free of charge but its still not working and within the 5 yr extended warranty. The manufacturer has offered a depreciated refund based on how old it is etc etc. the figure has not been give, but I reckon it'll be quite low. I have requested a replacement appliance of similar age/condition without the defect (a different model) The have agreed but are finding it difficult to source. Do I have any rights? If they can't replace should I push for a new appliance? Am I entitled to a new one if they can't replace. Thanks

Doom

Realistically were the original goods of merchantable quality....I doubt it.

Morph the Cat

The item was clearly never right. Under the Sale of Good & Supply of Services Act, it was not of merchantable quality & not fit for purpose. You have accepted repairs, but it still broke repeatedly. They have also publicly admitted a design flaw. With the constant breakdowns & repairs, it has caused you nothing but headaches for the last 4 years. You have a rock-solid case for a full refund.

Tell them you'll see them in Small Claims court (and follow through - it's only €25). The elapsed time is irrelevant, since it was never properly fixed (and it's under warranty) - and if anything, they fact that it dragged on so long works in your favour. Establishing the depreciated value is also subjective and a pointless task.

Small Claims court.

foggy_lad

If it only started giving problems after three or four years then a partial refund would be quite reasonable as you will have had some use of the product but yours has been unfit for purpose from soon after purchase so should be replaced or refunded at its value from that point which would have been a full refund.

dudara

You've had use of the appliance for the past 4 years, so it's unrealistic to expect a full refund. You really should have pushed to have it replaced etc earlier than this. Replacement with a comparable appliance would be a good resolution.

Carawaystick

Your SoGSoS rights are from your purchase off the retailer, not the manufacturer.

If the manufacturer is giving a 5 year warranty, there's a reasonable expectation it would stay working longer than 5 years, an implied term.