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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 75021
Experience:  Qualified Solicitor
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We had a new kitchen installed April 2018 which included a

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we had a new kitchen installed April 2018 which included a built in/ integrated fridge and separate freezer.. June 2021 the fridge started to ice up and reduce cooling and food was destroyed . We phoned the manufacturer who told us as the warranty had run out in April 2020 we would have to pay for and engineer to call out to assess the problem or to fix when he arrived he right away told us the fridge had not been installed properly - there should be a vent at the bottom and the warranty was null and void at installation. The motor had been over worked for this time (3 years) . and he suggested we go back to the installer and ask for a new fridge. The installer refuses saying the warranty has run out where in my opinion the warranty was never in effect. The installer broke my fridge at installation
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: Im from Northern Ireland Ive sent the installer a recorded letter and copy of an email ive sent him to let me know what he is going to do . Ive told him Im allowing him a week to respond. I have not seen a solicitor yet . I am intending to proceed with a small claims action.
JA: What steps have you taken so far?
Customer: see above
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We did have a long drawn out disagreement for him to correct faults to the rest of the kitchen cupboards etc.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Has the engineer provided you with a report of his findings? and what is your specific question in relation to this please, so that I can best advise?

Customer: replied 7 days ago.
Engineer provided report to say damage caused by incorrect installation
Customer: replied 7 days ago.
typings ok
Customer: replied 7 days ago.
can i get a new fridge

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

When a private consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015. If you wanted to refer to the legislation directly, please follow this link:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The Consumer Rights Act 2015 specifically states that there is an expectation that goods must be:

- of satisfactory quality – they must not be faulty or damaged

- as described – they must match any description given at the time of purchase

- fit for purpose – they should be fit for the purpose they are supplied for

Similarly, any services they provide, must be done with reasonable care and skill.

If they do not meet the above requirements, the consumer will have certain legal remedies against the seller. Any rights against the manufacturer will only be under a manufacturer’s warranty or guarantee that came with the goods, which is entirely separate. So in any event, regardless of the warranty status, your rights are against the supplier, which is the installer, rather than the manufacturer.

If the goods do not meet any of the above criteria, the consumer’s rights against the seller are:

1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and must be applied within 30 days of purchase or, if later, delivery.

2. Repair or replacement – this is still an option in the first 30 days, if the consumer does not want a refund and becomes the standard options after the 30 days have passed. It is the consumer’s choice as to whether they choose a repair or a replacement. If a repair is chosen, the seller is given one opportunity to provide a satisfactory repair, meaning that if it fails, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep the goods, they can ask for a price reduction, based on what is wrong with them. That is something to be negotiated with the seller.

If they are refusing to resolve this, you could eventually consider a claim in the civil courts for compensation, such as for replacement costs of the fridge, or repairs, if these are feasible.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Hello, I trust that everything has now been resolved to your satisfaction and your original question has been dealt with. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

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