Ship It Appliances - Who is responsible for removal of faulty cooker ?

[Rich_]

We bought a gas oven before Christmas which goes out after about 15 mins or so It hasn't worked correctly since it was installed .

 

 

We've informed the retailer, and the manufacturer has sent an engineer twice and replaced parts under the warranty and it still goes out.

 

 

We fitted the oven at our cost which was fair enough and paid for the cooker by debit card .

 

We have rejected the appliance as unfit for purpose ,

the engineer they sent says there's nothing more he can do with it.

 

 

the retailer has said they will refund us as neither they, nor the manufacturer can supply us with another alternative replacement

(why would we want the same one again after new parts have failed to solve the issue).

 

 

We've phoned them several times and feel we are being stalled and held to ransom with delay tactics .

They keep trying to involve the manufacturer , but our contract is with the retailer and we've told them this .

 

 

When I ring them back tomorrow I think I may be told to have the thing uninstalled and shipped back to them before I get refunded ... more delays .

 

 

We've had no cooker since before christmas and don't have a microwave having to use other peoples ovens when needed.

 

My question .

I have told them we want the installation charge reimbursed .

Am I correct to do this?

they say their terms and conditions say they don't have to do that .

 

 

if that's so you could spend as much on fitting and removal as on the oven if this is a retailers policy

and you were unlucky enough to get another dud appliance

and who should pay the return shipping cost ?

 

 

I believe the sale of goods act says they should if it's faulty ?

 

The problem . They have my £400,

I own a faulty oven which is no use

and paid a gas fitter to install.

 

 

They seem to be holding the cards.

 

 

This is why I think they seem in no hurry to sort this any time soon.

 

 

It's taking up too much of our time now and is becoming stressful .

Not to mention being without an oven since before christmas

and spoiled food because the oven has gone out before it's cooked !

[BankFodder]

You are completely correct. They must refund you and all associated expenses - plus a reasonable sum for the inconvenience you are experiencing. Which company did you get it from - or are you trying to protect them?

 

Keep tight records of all the problems caused - including the number of times you have had to use other people's ovens and what problems that entailed.

 

Frankly I would be sending them an LBA giving them only 7 days to sort it al out or I would sue them in the Small Claims County Court

[Rich_]

Thanks for the quick reply,

 

It came from Ship It Appliances who actually get predominantly good feedback on customer reviews on the likes of amazon etc

and they have said they WILL refund the money for the cooker but possibly not the fitting/removal

 

 

it's just all the delays

 

 

I'm contacting the manufacturer / my manager etc.

 

 

I feel we've been patient and given them enough time to put this right in the way of repairs

 

 

I also told them if the repair was not effective we'd be after a refund .

 

 

Hopefully they will sort it out tomorrow when I call them and redeem themselves .

 

 

I just wanted to find out where I stood as the trading standards etc are closed at weekend ,

although the sale of goods act seems clear enough .

[Conniff]

You shouldn't be talking to them on the phone unless you are recording the calls. If this has to be taken further, they will deny everything they said. Either record or do all your correspondence by letter.

 

 

You should also involve Amazon in this.

[BankFodder]

Here is the website for ship it applicances http://www.shipitappliances.com/

 

Here are their T&Cs

Terms and Conditions

 

At Ship It Appliances we are committed to providing the highest level of customer service available, however should you not be 100% satisfied with the goods you receive please refer to the following below.

 

Ship It Appliances Terms And Conditions

If the packaging is damaged please do not sign for the goods and return with the courier.

Please contact Ship It Appliances at [email protected] within 24 hours of receiving goods.

All goods should be received back by our office within 14 days of receipt of goods.

All goods should be returned as new with original packaging.

For damaged and faulty goods we will make arrangements with yourselves and our courier for collection.

If the item is faulty please provide us with exact details of the problem by email.

We must receive the original item back to us to confirm the fault before we can issue a refund or replacement.

If the customer has simply “changed their mind” or ordered the incorrect goods a collection and re-stocking fee may apply.

We will provide you with our returns address and returns instructions by email after you notify us of the issue.

The item must be ‘as new’ in the original packaging in a saleable condition, any retail packaging must be intact and undamaged , the item must be complete with all accessories, cables, instruction manuals etc if any were included.

Please do not return your item without contacting us first, we are unable to accept unauthorized returns.

Also in this case the customer will be responsible for any damages and return transportation costs. We will provide you with our returns address and returns instructions by email after you notify us of the issue.

All Products From Ship It Appliances Come With The Manufacturer’s Standard Warranty.

 

In an unlikely event of a manufacturing defect please contact Ship It Appliances within 7 days of receipt of goods. Any contact outside of the 14 day (subject to manufactures warranty) shall be treated as a final sale and no refund can be issued.

 

Thank you for your valued custom.

http://www.shipitappliances.com/terms-and-conditions

 

There last T&C as to no refunds if no contact within 14 days is an unlawful and unenforceable term.

 

I see also that they are in breach of their own terms because they say

For damaged and faulty goods we will make arrangements with yourselves and our courier for collection.

- although they would be liable for this anyway.

 

Looks as if ship it appliances is a company to steer clear if

[Rich_]

You shouldn't be talking to them on the phone unless you are recording the calls. If this has to be taken further, they will deny everything they said. Either record or do all your correspondence by letter.

 

 

You should also involve Amazon in this.

 

I see what you are saying and agree it's just letters take a lot of time and we been without the cooker for a while now . From the good advice I've been given it seems as though all they should be saying is that they'll refund what I want ie the oven money and fitting and acting upon that ? I take it you have to inform someone you are recording a call ? Does email suffice as a letter ?

[BankFodder]

You do not need to give warnings that you are recording a call if it is for private use.

Email is fine.

 

Uninstall it yourself and charge them for the work. It is easy enough to pull a cooker out of its carcase/kitchen unit. The set about getting a new one. Email them that you will be charging them storage if it is not removed within 5 days.

Take pictures of it so that it can be seen that it is in good condition - just in case any scratches/damage appears later

[Rich_]

Thank you for posting those T&Cs .

 

They're a bit confusing and not in logical sequence , but I read it as the 14 day thing applies only if the packaging is damaged on arrival, but for faulty goods they will make arrangements to collect it ? but as you say the last bit throws that into doubt ? and what does (subject to manufacturers warranty) mean in that context ?

 

I don't however see why I should have to wait until they get the goods back to them before I am refunded it's had an engineer to it twice , what if they say there's nothing wrong with it ? it has stayed alight for up to half an hour before going off usually less . It's the bits about returning it in it's original packaging that concerns me ? We haven't got it, or does that just apply to if you change your mind ? I can't return it in a saleable condition when as far as I can see it's faulty .

Edited January 11, 2015 by Rich_

[Conniff]

The returning it in resalable condition would refer to a rejection of a product after sale rather than a faulty appliance.

 

 

Also keep in mind that for the first six months, they have to prove the oven wasn't faulty when they sold it to you not you show that it was.

[Rich_]

Thank you , we'll see what they have to say tomorrow . We didn't buy it from them through Amazon mind you , just read the customer comments on there .

Edited January 11, 2015 by Rich_

[Rich_]

They seem to be dealing with it OK now