Washing machine fault - 3 months out of warranty

[dospouk]

Hi all,My washing machine has developed a rather major fault 3 months after the warranty expired (read correspondance for details). Looks like I've fallen foul of the 'excellent' customer service Comet seem to offer everyone. Just wanted to share where I am so far with you.Apologies for the horrible formatting. Perhaps it's because I've copied/pasted from another window?

Dear Sir/Madam,I purchased a Zanussi ZWG1140M Washing Machine from your online store on the 3rd of March 2011 for a total of £219.99 excluding delivery and installation. The product in question has developed a fault that I believe is the result of either an inherent flaw in the design or manufacture of the product, or an inherent lack of durability in the product that could be expected by a reasonable person considering the price paid and the relatively short length of time passed since the date of purchase.The fault is as follows: An unsecured bolt has worked itself free from both the drum and the motor, causing the tension in the drive belt to rip the motor away from the drum and shear off a plastic bolt that is also required to secure the motor to the drum. As it stands, the motor is now sitting on the floor below the drum with no way of being safely and securely reconnected. As you can see, this is a major failure in the machine and not what one should reasonably expect from normal wear and tear in a washing machine only 15 months old.The Sale Of Goods Act 1979 under UK law contains the following clauses, included now for your convenience:______________________________________________________________________14 Implied terms about quality or fitness.E+W+S+N.I..(1)Except as provided by this section and section 15 below and subject to any other enactment, there is no implied [F11term] about the quality or fitness for any particular purpose of goods supplied under a contract of sale. .[F12(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality. .(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances. .(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods— .(a)fitness for all the purposes for which goods of the kind in question are commonly supplied, .(b)appearance and finish, .©freedom from minor defects, .(d)safety, and .(e)durability.__________________________________________________________________________As you can see, to conform to contract, a certain standard of durability and fitness for purpose can be expected in the product. I consider myself a reasonable person, and as such - considering that this product does not conform to contract as set out in the above - must request from you a repair or replacement, at your convenience for the fault in the product.It is of course your right to request an inspection of the product to ascertain whether the product is indeed faulty. I will of course agree to this, at reasonable cost to myself, provided of course the inspector is an independent third party not under contract or in service in any way to Comet Group PLC.I look forward to your swift response in this matter.Yours sincerely,Mr dospouk

Dear Mr dospoukThank you for your e-mail. I am sorry to note the problems that you have experienced regarding your faulty Zanussi washing machine. We take great pride in the products that we sell and our after-sales service. We want our customers to be completely happy with the items they buy from us, hence all the products we sell are covered by a manufacturers’ guarantee. The length of the guarantee is usually sufficient for any technical problems with the product to materialise. Comet will not charge you for repairs carried out under the guarantee period. However, if the manufacturers’ guarantee or extended warranty on your product has expired, repairs are chargeable. Your washing machine has been working for 13 months, as this is the case we feel that it was of satisfactory quality when you purchased it and therefore will not repair it free of charge.The Sales of Goods Act states that wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).Goods cannot always be expected to work fault-free. They can break down through normal use. Buyers cannot, therefore, expect to hold the seller responsible for fair wear and tear. There needs to be a fault that was present on the day of sale even though it only became apparent later on, or a misdescription of the goods, or a lack of durability that suggests the goods were not of satisfactory quality to start with.In your case there is no evidence to suggest that the fault has been caused by any manufacturing defect, we would consider the product to have been of satisfactory quality when sold.I appreciate that this is not the response you are looking for and I apologise that I am unable to assist you any further in this matter.RegardsNikki BlackComet Customer Services

Dear Nikki Black,Thanks very much for your response.Unfortunately I don’t feel that the issue has been resolved to my satisfaction.As you are no doubt well aware, the one year manufacturer’s guarantee is in addition to and not to the exclusion of my statutory rights under The Sale of Goods Act. Moreover I contend that responsibility in this matter lies with you, the retailer, rather than the manufacturer Zanussi. That the fault should have manifested shortly after the expiry of this warranty is, I feel, not relevant; especially given the short length of time passed, and the money spent on an item as large as this washing machine. Were this item of lesser value I might be inclined to agree with you. However, under the section of the Act I quoted to you, goods bought must also conform to a reasonable standard of durability when the price paid and the length of time lapsed is taken into account by a reasonable person. Given that I paid £219.99 for this item little over a year ago, I do not consider this reasonable standard of durability to have been met. Bear in mind that this fault is a major failure of quality, and not the simple case of replacing a small component in the machine. Please consider again my request that you arrange for an independent inspection of the fault (at cost to myself), as your unwillingness to do so is tantamount to an acknowledgement of a failure on your part as the retailer.I look forward to your response.Yours sincerely,Mr dospouk

Any ideas/thoughts/advice welcome.Cheers,Dom

[rebel11]

Hi dos,

 

Welcome to CAG

 

I would get a Report from an Independant Engineer and proceed from there, make sure you claim the fee back. Comet's don't check the products, I doubt Comets will ever find a product with a fault on or before day of sale.

 

 

Read 10,11,12 and 13 in my signature.

[katsayce]

Hi dos,

 

Welcome to CAG

 

I would get a Report from an Independant Engineer and proceed from there, make sure you claim the fee back. Comet's don't check the products, I doubt Comets will ever find a product with a fault on or before day of sale.

 

 

Read 10,11,12 and 13 in my signature.[/quote

 

hi there, nothing gets me crosser than comet ripping peole off! I hav a fb site with helpfull contact details following my own nightmare with comet. Search in fb for Stop Comet uk from ripping people off or inbox me. cant post a link here as the forum wont allow ut

[dospouk]

Hi all,Final update to my issue.I finally beat comet down enough to say that 'they would review my case' if I sent in a qualified engineer's report. This is as far as they would budge. After reading citizen's advice bureau help page it mentioned that a professional report was not necessary unless ordered by a judge, so I instead contacted Zanussi for their 'informal opinion'.Two days later I received a response from Zanussi directly, who after a brief conversation offered to cover the cost of replacement parts. While in my heart I know Comet are once again escaping responsibility, I couldn't afford to pass the offer up, and a Zanussi engineer is coming out on Friday to fix my machine. I will of course have to cover labour costs.I'm currently moving house, and simply do not have the time to take Comet to small claims. I'm sure they rely on this regularly.Though it's not an ideal or particularly satisfying end, it's the best I could hope for I fear. I consider this a lesson learned, and will never in my life buy another item from Comet, and will recommend to everyone I know that they do the same.Zanussi on the other hand have earned a loyal customer in me.Dom

[dospouk]

Jesus, it's done it again! I can assure you my response didn't look like that when I typed it. Not sure why it's removing all my line breaks.