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Boots online: Sale of Goods Act


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Hi,

 

I have a Zanussi dishwasher, which (as you will see below) was purchased in January 2009 and is out of its one year warranty. It has now broken down after approximately 1 year and 9 months.

 

I have done some research on this site and others, and was hoping that I could pull it all together here and see if those with more knowledge think my plan is sound.

 

So far I have:

 

  • Phoned the seller (Boots online) and asked them to fix it. When they refused, I discussed this with the representative and also their supervisor. Their position is that the dishwasher is out of warranty and unless I provide a report to prove that the item was defective when I bought it, they would not repair it. Further, they said that if I did provide such a report, they would make a "contribution" towards the repair. A few days later, Boots emailed me (see below).
  • Phoned the manufacturer. They informed me that the lifespan of their dishwashers (not this model specifically) last 5-7 years and some have been known to last decades!

 

My proposed plan:

 

  1. Write to Boots, giving them two weeks to fix the dishwasher (see letter below).
  2. If they don't agree/reply, I will pay for the mechanic to come out (~£60). Depending on what the problem is, they may fix it there and then or quote me for a repair or tell me it needs to be replaced.
  3. Write to Boots, invoicing them for any work done/future work quoted by the mechanic/new purchase, and giving them a week to remedy the problem themselves.
  4. If they don't agree/reply, I will pay for the next stage myself.
  5. Write to Boots, invoicing them for everything and giving them a week to settle up.
  6. Fill out a small claims court form.

 

Does this sound like the correct way to go? Am I in the right here? According to my reading of the SOGA, they have to fix it. This contradicts the third and fourth paragraphs of their email (below). Who is correct?

 

I am reading the SOGA as saying that if the item was supplied with poor durability then they have to fix it, and that durability is a 'hind sight' issue - I can only now tell that the durability was dodgy. They are saying that I basically have to show how it was poorly durable through an engineer's report. Of course, the defect could be something that an engineer cannot see...

 

Any ideas would be most gratefully received! :-D

 

My proposed letter to Boots:

Dear XXX,

 

I am writing with reference to a Zanussi Dishwasher (your ref: BTS8140540) bought from your online store at a cost of £317.56 and delivered on the 10th January 2009. It now appears that the dishwasher purchased has developed a fault and is not working. I have attempted to use your customer services phone system to arrange a repair for this appliance, but your operators appear to be unable to assist me as the appliance is no longer under your warranty. Hence, I am contacting you direct to give yourselves ample opportunity to resolve this problem.

 

It appears the problem is that your representatives do not appear to understand that your responsibilities under the Sales of Goods Act 1979 (amended) are not superseded by the manufacturer’s warranty, but that the warranty is in addition to our standard rights as a consumer. As I am sure you are aware, as the retailer who supplied these white goods to me, you have certain responsibilities. These responsibilities include supplying goods that are “fit for purpose” and of a quality that will last for a “reasonable” time. The time which this dishwasher has lasted is less than twenty-one months and is not reasonable since it has merely been subjected to normal household use. The manufacturer states that a normal lifetime for this kind of appliance is 5-7 years and can be much longer.

I am giving you a reasonable time of 14 days to repair/replace the dishwasher to a “fit for purpose” state that the Sales of Goods Act 1979 affords us as customers of yourselves. If the goods are not repaired within this time, I shall have the goods repaired (or if uneconomically viable, purchase an equivalent replacement) myself and pursue yourselves for all costs incurred, ultimately utilising the small claims courts if necessary.

 

I look forward hearing from you to quickly resolve this matter.

 

Yours Sincerely,

 

Boots email to me, 9th October:

Dear Mr Nicholas,

 

I am writing about your order with us. I am sorry to learn about the issues with your dishwasher.

 

Although it is rare and something that is beyond our control, products do sometimes develop a fault and it is unfortunate that you have encountered this experience.

 

If you buy goods which are faulty when sold, you have the right to claim for a repair, replacement or refund for up to 6 years from the date of purchase. However, after the first 6 months you have to show that the fault was there initially and the longer it takes for the fault to show up the more difficult that becomes.

 

You would need to send us an engineer's report stating the fault has been there since the delivery, if you would like to claim a repair or an exchange. You can send the report to the address below.

 

I am truly sorry I am unable to help you further with this issue. I can understand the problems this is causing.

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Hi gare

 

Welcome to CAG

 

The letter is fine, if they require a report, get the report done by somebody other then Boots. I thing you've got it in a nutshell.

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