Comet - Microwave broken after 4 months

[Gallen]

We bought an expensive microwave/oven from Comet 4 months ago.

after 1 month, we noticed occasionally condensation building up within the glass door / seal. Comet said this was normal. Manafacturer's opinion differed.

Comet said they will send an engineer free of charge - but if he can't find a fault we have to pay a call out fee, from memory around £50 - so we declined because it was an intermittent fault.

Now the Microwave has stopped working altogether. It won't even turn on.

Before I call Comet, I want to know if I can get a replacement - I don't want it repaired because if something has broken, it may have stressed other components that will wear prematurely (i.e when it is out of warantee).

I am expecting the "It's our policy to send an engineer...." line, but I know that my consumer rights differ:

(BBC - X-Ray X-Guides - Returning defective goods to a shop)

If the fault happens within six months of you buying the goods, the trader has to prove that they were not faulty when you bought them. After six months, you have to prove it.
If goods are faulty, the seller must offer you either:

• Free repair
• Replacement
• Credit note. Only accept a credit note if you want to buy a replacement in the same shop - you don't have to take it.

You don't have to accept any of these - you can insist on getting your money back.
If you decide to allow the trader to repair the goods, you will not have lost any rights to have your money back later if the repair is unsuccessful.

If they offer free repair, is it reasonable for me to reject this in favour of a replacement - as per above?

We don't really want a refund - just a new machine.


Any advice pls!!!!???????

[ForestChav]

I think the key word is either - they must offer you either a free repair, replacement or a refund/credit note. They have offered you a repair.

[Gallen]

...ok, agree "either" is the key word - but as it also says I dont have to accept any of these.

One other thing - regarding the "no fault found call out fee".

If they turned up, and as with an intermittant fault, it didnt happen - what's the deal then? (this doesn't really apply here because it just doesnt turn on - but for the instance with the condensation in the laminated door glass - it was only intermittantly).

Surely a shady area?

- oh, finally - what about the manafacturers warantee? If Comet offer only to repair, can I approach the manafacturer? (As I say we dont really want the repair due to the possible stresses caused by a fault on 1 component on the other internals. Surely not good).

[gyzmo]

the evidence of the casue of the fault should be enough. The warranty means nothing. you have statutory rights (click on my name, then click on link in signature for a brief guide to remedies).

[ForestChav]

Originally Posted by Gallen

...ok, agree "either" is the key word - but as it also says I dont have to accept any of these.

One other thing - regarding the "no fault found call out fee".

If they turned up, and as with an intermittant fault, it didnt happen - what's the deal then? (this doesn't really apply here because it just doesnt turn on - but for the instance with the condensation in the laminated door glass - it was only intermittantly).

Surely a shady area?

- oh, finally - what about the manafacturers warantee? If Comet offer only to repair, can I approach the manafacturer? (As I say we dont really want the repair due to the possible stresses caused by a fault on 1 component on the other internals. Surely not good).

If you're going to claim that as a reason for not wanting it fixed... Is there any evidence that THIS faulty part causes stress on others significantly shorting the lifespan of the other parts? Of course, you're still liable for up to six years (or the expected lifespan of the goods, whichever is sooner) for any damage caused by this, if this fault is inherent - AIUI.

[gyzmo]

Gallen, I don't know where you have got your information from but there ae a few innacuracies.

Firstly, any remedy is for the seller to decide on based on reasonableness in relation to the other remedies, proportionate to the 'fault' an with minimal inconvenience to yourself. You cannot insist on a remedy if anotehr one is more suitable unless other remedies have already been attempted.

As for the credit note, this is something you should NOT accept. The legislation specifies a reduction in the purchase price or a (partial) refund. you may, if you wish, accept a credit note but I would not.