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ISE Appliance - Call out charges and Warranty


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I have an ISE appliance which was purchased from them directly last year. The machine comes with a 10 year warranty and suffice to say it is a very expensive machine at £900.

 

Within half a year of owning it I had to call out an engineer to fix a fault. Again, 2 months after that, the same fault plus another warranted a further call out.

 

In March I made a call out for an intermittent, but serious problem.

 

As luck would have it the engineer couldn't simulate the problem. I did, however take a video of the problem after his visit.

 

Now I have received an invoice from ISE for the callout with a letter saying that since no fault was found,

it is not covered by the warranty and I am liable to pay it.

The letter continued to say that until the invoice is settled in full, no further repairs shall be entertained under the warranty.

 

I have a little experience with consumer rights, and to me this does not smell right.

 

Firstly, just because the engineer couldn't find the fault at the time, it doesn't mean there isn't a problem.

When I called in the fault I made it clear that it was intermittent.

Also, if the machine has needed 3 call outs within it's first year,

this seems to indicate something more serious, especially one of this caliber.

 

Secondly, the fact that there is an invoice to pay should have no effect to the warranty.

The warranty is a binding agreement or contract with its Terms and Conditions clearly laid out on the back of it.

There is nothing within those T&C's that indicate anything about unpaid invoices.

 

I have put this in an email and a letter to ISE, stating that should they not cancel the invoice and sort the machine out,

I will seek legal action with regards to the warranty and attempt to claim under goods not fit for purpose under SOGA.

 

Can anyone comment as to whether I am incorrect with any of the above?

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sounds correct to me.

 

warranty is in addition to your right under soga, it does not replace them.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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This is their emailed response:

Our warranty covers electrical and mechanical failure with your machine only, it does not provide cover for any other issue and that is made very clear in the terms of the warranty. Any other issues external to the appliance that are not related to a failure of a component are at your own cost. It is not an unconditional warranty and our opinion is that it is unreasonable of you to expect it to be so.

 

Should you wish to check the standing of such please feel free to do so with your local Trading Standards office or Citizens Advice who will be more than happy to explain the legalities of this for you. However, just as with virtually all products that carry a warranty and even on service plans or insurance policies, some things are not covered and no warranty that I am aware of is unconditional.

 

As you refused to pay the agent for their service they in turn invoiced us for their time, a cost that we must pass onto you as it is not a cost that we are prepared to cover nor have we ever stated that we would in our warranty.

 

Also, given your refusal to pay for this service we have to assume that should any further calls be placed to the product and, it turns out that they are not covered by the warranty that you would again refuse to pay for any service that was not covered by warranty. Therefore we have no option but to refuse to attend any future service requests on the basis of events thus far.

 

When tested no fault could be found with the machine, even when tested with a load supplied by yourself I believe.

 

If a component was faulty then it will stay that way, the machine will not somehow repair itself if something is broken. The spin cycle is the same and carries the same profile other than the variable speed for different fabric types across all programs and this is locked into a non-volatile EEPROM on the control PCB, this cannot be altered either by you or by us in any way and cannot change of it's own accord. Therefore, if there was a component fault causing the issue that you report then it would happen every single time that the machine was run on the same or a similar program, without exception.

 

Given those facts the only variables that can cause what you describe are what is loaded into the machine and how it is installed in respect to the flooring, levelling etc, there are no other possibilities if there is no component failure. No component failure can be found on your machine and, under test, the issue cannot be replicated.

 

It is therefore logical and, the only possibility that we can see, that one of these is causing your issue and since we can see no obvious failing of the installation then it leaves only the possibility of loading as causing the issue. This could be overloading, washing unsuitable items or extremely imbalanced loads causing this before the safety anti-imbalance operates. This is suspected to be even more likely because we do not get multiple failures like this on our machines and we have not one other single instance of a similar issue to this which would logically point towards a use issue over a machine issue when considered alongside the nature of the issues that you have experienced and the failure to find any fault with your machine.

 

None of which is covered by warranty as it is not a fault with the product and therefore treated as an instructional visit which is sadly at your cost because the cost of calls of this nature are not built into the warranty, which we make perfectly clear in our terms. And, had it been detected that the previous faults were caused by improper use and not through electro-mechanical failure of some nature, then they too would have had to have had the cost of any remedy borne by yourself.

Where do I stand with this? I still maintain that the machine is obviously sub-standard if I have issues within the first year of use.
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the issue here is the fact that you . sadly, took out the warranty..NO warranty is ever needed, its a waste of money.

 

SOGA covers it in your statutory rights.

 

now, if, this had been done under SOGA, as it SHOULD have been, then there is no remit to charge anything, as such.

 

however, outside of 6mts, it is upto you to PAY for an independent inspection, to verify the item IS faulty.

 

so in this case, you would have had to of paid for the inspection as it would not have been refundable under soga, as no fault was found.

 

pers, I would, in this instance pay, BUt only on the CLEAR understanding that IF such a fault developes itself again AND they THEN

agree it is faulty and repair it, you GET your org callout charge fee back as well.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well, happily this warranty is standard on all their appliances, so nothing extra was paid for. :-)

I don't believe in extended warranties - once bitten etc...

 

My thoughts after I made my last post were, that regardless of warranties, the last visits should have been under SOGA. So, your comment still stands anyway.

 

My only concern is that they write about "Our warranty covers electrical and mechanical failure with your machine only".

 

This surely can only apply to the extended warranty, and not my statutory rights?

 

Also, what is the legality of their justification for refusing further call outs?

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in terms of their warranty prob so.

 

but SOGA they cant refuse

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

Forum members may be interested in knowing that Independent Service Engineering Ltd (ISE branded appliances) have ceased trading as of November 2014.:|

 

Their website gives a brief acknowledgement of that fact.:|

 

Their warranties have also ceased so owners of those appliances may wish to seek other insurers to cover likely future breakdowns. Though it is far from certain at this time if spare parts will be available by outsourcing direct from the manufacturers of the various ISE rebranded products. (Arcelik, Amica and Asko/Gorenje):-x

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