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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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We bought a new Baumatic oven, but the dials cannot be read

Customer Question

We bought a new Baumatic oven, but the dials cannot be read , therefore it is a problem.
I rang customer care and they said it was a fault on that make of oven. She said she would see if we could hve a new front panel, fitted by one of their engineers.
I have to have people in to help me, and they are reluctant to cook anything in the oven, as they too are unable to read the dials.
Where do I stand legally? My husband went back to the shop, the manager suggested that we stick diagrams of the controls on with some cellotape ??????
I am 71 years old a stroke survivor, with limited sight in my left eye. Why should I have a dangerous situation with paper stuck to the front of the oven ? So far, no work has been done, and they have informed the factory, who are just ignoring me.
Having lived in Italy for many years I know that "customer Care " is not a priority, and I have today learned that the factory is in Italy.
We thought that the appliance was German (as the name suggests), we would never have bought anytghing Italian.

Pamela Catalano
Submitted: 3 years ago.
Category: Family Law
Expert:  Stuart J replied 3 years ago.

Did the shop say it was Italian? Be careful because the Italian angle could possibly lead to allegation of racial prejudice. Incidentally Phillips are no longer made in Holland and Grundig are no longer German. Triumph motorcyles have plants in India and China as do Honda

How long have you had it? How did you pay?Where did you buy from: Local, Internet, store, webg etc?

Presumably no one else normally sighted can read the dials either. Please confirm.

How much was it?

Customer: replied 3 years ago.

My name isXXXXX cannot be prejudiced. I have lived in Italy and customer care is unknown. We have always been happy with German ovens They admitted that it is a fault and the dials cannot be read. However, they informed the factory (in Italy ) and have had no reply.
The issue is, not where it is made but shouldn't it be fit for purpose.


It was bought in Sheffield, and it was not sold as a German or Italian model but my husband ( who is Italian ) presumed BAUMATIC was a German word.Meanwhile the oven cannot be used unless I stick paper


stickers on the dials. We paid £290.00 paid by credit card.


 

Expert:  Stuart J replied 3 years ago.


It can still be
prejudice even if you are the same nationality. However, that could end up as a
debate on this is obviously not a debating forum.

Liability for this
has nothing whatsoever to do with the manufacturer so there is no point in
pursuing that line.



Liability rests
with the supplier.



On these facts,
they are in breach of the Sale of Goods Act in that goods are not fit for
purpose and are not of satisfactory quality.



If you have had
the open for more than a month, then you are not entitled to return it
automatically for a refund. Before a month, the law says that you are entitled
to a refund, but the reason for the refund must be reasonably substantial. I
think that on the facts you give, in returning within 30 days, you are entitled
to a refund.


I assume that you have not had the oven for months and months.

After 30 days the remedy
is damages/compensation.



There is no
automatic right for a repair, although the compensation could be used to pay
for the repair. In this case, there appears to be an inherent design
fault/problem and therefore a repair is an impossibility. The level of
compensation will vary depending on the problem. I think that the level of
compensation you would get would actually extend to the value of a new oven. I
appreciate that may appear the same as returning it within 30 days, but there
is a difference between getting a refund of the full amount under the sale of
goods act for return in 30 days and getting an amount of money in compensation,
which just happens to be the value of the item. If the fault was a small fault,
the damages may be a small amount of money.



You need to take
this up with the supplier and tell them to take it back and refund you will let
you have a different oven.



At the same time,
file a dispute with the credit card company because they also have a duty in
respect of the goods.



Regarding the
Italian/German issue it is not worth pursuing.



The next part is
really important for me:



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The thread remains open. Thanks

Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22403
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

I have contacted the supplier, the manager was not there. I asked for his name, and the assistant wanted to know why I needed the Manager's name.


I explained the situation to him, but he did not want to know, and put the phone down on me. Should I send a letter ? meanwhile my husband is informing Visa of the situation.


Shall I quote the sales of goods act ?

Expert:  Stuart J replied 3 years ago.



I would do everything in writing from now on, on good
old-fashioned paper in an envelope with a stamp on it. Send everything by
recorded delivery and first class post.

I would tell them
that they are in breach of the Sale of Goods Act in that the goods are not fit
for purpose and not of satisfactory quality, because there is a known fault
with reading the dials., I would tell them that they are also in breach of contract for the same reasons



I would tell them
that you want a full refund and invite them to come and collect the equipment.
I would tell them that unless they refund you in full, you reserve the right to
get an alternative similar appliance and if it is expensive, claim the extra
from them in addition to the original value of the appliance. They contract it
to supply an appliance at a price, and they breach of contract. You are
entitled to an appliance of satisfactory quality and fit for purpose at the
price agreed. If you have to pay more to get a satisfactory piece of kit, they
are liable for it.



Hopefully, the
credit card company will sort this for you, if you don't want to issue Small
Claims Court proceedings yourself. If you do issue Small Claims Court
proceedings, they are against the supplier quite easily at www.moneyclaim.gov.uk



if you do issue
proceedings, you need to tell them exactly how much you are claiming and why
BEFORE you wish you proceedings. I would not be entering into lengthy
correspondence.



Customer: replied 3 years ago.

Thank you for the reply. In future I shall put everything in writing and send by recorded delivery.


Just one point the oven has been fitted into the kitchen, although it was purchased from them in August ,we did not move in until December 1st.


The oven has been used 4 times, as it causes stress and rows.


We did not have a Christmas lunch, because we were afraid of leaving it whilst we went to church. Can we also claim for the electrical work ?


( fitting ) As stated earlier the Credit Card Company have been informed.


Do I need to get other people to confirm that it is impossible to read the dails ?

Expert:  Stuart J replied 3 years ago.


It is not the number of times that you have used the oven, it is the length of time you've had it. Although you appear to have
been trying to sort this out for some considerable time. It would be worthwhile
making a note of when you first contacted either the manufacturer or the
supplier with regard to the problem.

Photographs or independent evidence, including details of the
telephone conversation you already had with the manufacturer, where they
confirmed the problem (ideally, have a note of who you spoke with them and when
you spoke to them).



A letter from the installing electrician to say that the dials are
not visible would also help you, rather than from a friend or neighbour.
Photographs will also be useful. Do a little search of the Internet to see if
anyone else has reported a similar problem and print off any useful threads.



Photographs would be useful.



By all means, if this goes to court, added the electricians cost to your claim and let
the judge decide if it is allowable or not.

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