Where do I stand with a 2 year old broken Fridge/Freezer from Comet

[Crazy Diamond]

after the recognised 'exchange' period [normally 28days] typically most retailers will require you to get and pay for an inspection.

that's not right, sorry. Within 6 months of purchase, the goods are deemed inherently faulty when they fail and it's up to the retailer to arrange inspection etc if they want to contest the inherently faulty argument. After 6 months, the burden of proof reverses back to the consumer and the retailer can then demand that the consumer pay for the report (and they'll reimburse if goods turn out that they were faulty)

 

Also to point out that the "28 days" is absolutely not mentioned in SOGA and it is a mistake to put a firm deadline on any time for rejection of goods. The only thing SOGA mentions is "reasonable", and that can vary wildly from goods to goods of course. I dislike the way people who really should know better (Consumer Direct springs to mind) are trying to quantify what is a reasonable time, it's where that whole 28 days comes from, but it is completely false, except that if C/direct themselves are giving wrong information, how are consumers ever going toget better informed?

 

DX is of course correct that SOGA doesn't specify how long goods should last, people tend to confuse rights under SOGA and how long people have a recourse for, and that is the Limitations Act 1980, with the 6 yrs (5 in Scotland) limit. Bear in mind however that that clock starts ticking from when the cause for recourse starts (ie when goods first fail, or if the retailer drags things on, it could be argued that the clock starts ticking once the consumer realises that the retailer is denying them recourse), not from the time of purchase.

[dx100uk]

yep. the goods might well be deemed inherently faulty pre 6mts, however, it makes little diff, unless the manu acks that that is indeed true, it will not auto result in a refund/replacement.

if/if not the consumer needs to pay for an inspection, eitherway gets refunded too.

 

as for the 28 days , no its not in soga and i hope i didnt imply that, i think its actually a company policy of your ex company!

certainly read that on here!

 

good post

 

dx