New World Oven 14 months old - Fault almost caused serious fire!

[ritchieis]

Hi, please can you review the following and advise if I understand my rights correctly and am taking the correct course of action. Many thanks in advance for your help in resolving this. Appliance: New World Gas Cooker NW70G 70cm conventional gas oven/ grill. Purchased from fires-cookers.co.uk aka Gas Superstore Ltd, 64-72 Hinckley Road, Leicester LE3 0RD Cooker purchased in Oct 2010 for £395. There was a 1 year warranty in place. On 15 Jan 2012 the grill malfunctioned causing extreme heat to burn the entire front fascia melting the controls and rendering both the grill and oven unusable.The front panel was so hot that it burnt my hand on contact and had we not been quick to notice the problem it could have potentially got out of hand and caused serious fire damage. I contacted the trader in the first instance who advised that as it was after the 28 day purchase period they were not liable and I should direct my enquiry to the manufacturer. I called the manufacturer who advised that as it was out of 1 year warranty they would only repair if we signed up to a 1 year extended warranty at the cost of £168.My position: Under the terms of the Sale of Goods Act 1979 the trader has a responsibility to repair or replace the cooker because it is faulty. The Act states that should a fault occur within a timescale considered to be less than what would be expected (can be up to 5 years), given the cost and extent of usage, then it is their responsibility to repair. Due to the cost (£395) and limited amount of usage (1 year 2 months). The trader is responsible to repair/ replace the unit free of charge.The fault is not due to wear and tear as we do not use the grill very often, maybe only once or twice a month. Also an oven of this cost should last for years. Our last one managed over 10 years with no problems.As this is not due to wear and tear and because there was no misuse the fault can only be due to an inherent fault and therefore the traders responsibility.Should the trader be unwilling to meet his legal obligations then I can contact consumer direct and commence proceedings at the small claims court. Thanks again, ritchieis

[rebel11]

Hi rit

 

Welcome to CAG

 

You've got it in a nutshell, because it was purchased within the last 6 months the Retailer has to prove it was not faulty, they have to replace or repair. As the Retailer is still in business, the manufaturer is last resort. Read 12 and 13 in my signature.

All correspondence via letter, send all letters Recorded, print signatures off Royal Mail site.

 

Guidelines Small Claims Court :- http://www.tradingstandards.gov.uk/wirral/countycourtindex.htm

 

I also think you should contact Trading Standards as there is a Health and Safety issue with the product. This could potentially cause fires as you've stated. Might be other complaints on the net about this product.

[ritchieis]

Hi rebel,Thanks for your response. Unfortunately the oven is 14 months old purchased in Nov 2010. I belive I still have rights and can ask the retailer to repair or replace. However I understand they can ask me to prove that the fault with the oven has been there since purchase? My response to this would be that it has been used correctly, not over used and never mis used so it therefore must have been a fault at time of purchase. What are your thoughts? thanks again.

[rebel11]

• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

Check out the Templates, no. 13 in my signature.

 

Hi rebel,Thanks for your response. Unfortunately the oven is 14 months old purchased in Nov 2010. I belive I still have rights and can ask the retailer to repair or replace. However I understand they can ask me to prove that the fault with the oven has been there since purchase? My response to this would be that it has been used correctly, not over used and never mis used so it therefore must have been a fault at time of purchase. What are your thoughts? thanks again.