Bosch repairs (Portsmouth area)

[Bob Martin]

My high-tech, all-electronic fridge-freezer has gone kaput after less than 2 years.

Can anyone recommend a repair route that won't cost more than a new appliance?

[John Cartmell]

Get the retailer to repair it. Such an item should last longer than 2 years and should be covered under the original terms of sale.

[Bob Martin]

I eventually got through to Comet (where I bought it) and was told original warranty was for 12 months. They are sending a man on Thursday, cost is £60 plus parts.

[John Cartmell]

That was the manufacturers' warranty. There is a minimum retailers' responsibility. Get in touch with your trading standards or Citizens' Advice and ask about the current EC regulations.

[Andy Hall]

The EU only issues Directives in relation to minimum or harmonised standards to facilitate trade or social conditions. National governments enact legislation based on them.

Regulations that could have a bearing on this are in two areas:

- For first six months after purchase, the onus is on the seller to prove that the product was manufactured properly etc. In practice, they would find that difficult and defer to the customer. This would no longer apply in this case since the product is older than that.

- Statute of limitations. The Directive requires member state governments to enact legislation such that there is at least two years. There has been much confusion over this. In Germany, for example, there was previously no specific legislation in this consumer area and consumer groups took it to mean that manufacturers must provide at least 2 years warranty. They have lobbied successfully to the point that this is what manufacturers are now doing, for the most part to avoid the conflict.

However, in the UK we have had and continue to have 6 years statute of limitations. If you read through the legislation, cases and words of wisdom from TS departments, they will tell you that in the UK it is done on reasonableness. The manufacturer warranty is simply a convenience for the retailer and customer whereby the manufacturer owns the problem for typically a year. It doesn't replace statute, however.

In terms of reasonableness, had the product been a £100 special from Makro, then a year's warranty and not expecting much after that is probably fair. However, Bosch presents itself as a premium brand (and generally is) and has a price point to reflect that. Therefore a very good case could be made that a failure within two years is not reasonable in terms of expecting the customer to pick up the tab for the repair. It's quite likely to be £60 for the call out plus twice that for bits.

Personally, I would push the retailer heavily on it. Of course, it may be a distress situation - i.e. the freezer needs to be fixed now and not in the geological time scales of the judicial process. Therefore, I would discuss with TS department and the credit card company (you did use a credit card so that the card company is on the hook too?) It may be that it is acceptable to pay for the repair and recover the cost afterwards.

[Christian McArdle]

The original warranty is of no particular significance. Your statutory rights apply. Any attempt to deny statutory rights by substituting (rather than just supplementing) a manufacturer's warranty is unlawful. An expensive Bosch appliance should last longer than 2 years. You may pursue Comet for the repair costs. You may not pursue Bosch, though, as your statutory rights apply to the retailer, not the manufacturer.

Christian.

[John Cartmell]

Yes. And the UK have enacted legislation - but mentioning the European regs may push the right button.

But best get the right form of words in advance and persuade the retailer that you won't be a pushover. Not paying is easier than getting it back later.

[Andy Hall]

Hmm.. not convinced. Since we are talking about Comet here rather than sentient beings.

Of course. Then it's a case of rapidly escalating to senior level in their organisation and being a squeaky wheel for people whose time is expensive and who can tell the minions to vary the stated policy.

[John Cartmell]

I meant with the advice people. What Comet need to know is that they are wrong, the customers knows his rights, he has the backing of people who can cause problems, and the local Comet manager will get a bollocking if this goes pear-shaped.

[Andy Hall]

I completely agree.

However, the store manager will follow instructions from on high, the regional manager cares only about his sales numbers.

The whole thing works on the basis of most customers believing that the warranty is the be-all and end-all and statutory rights are a nebulous thing about which we know little.

Generally I've found that if an issue like this can't be resolved with firm pushing at store level, going straight to senior management is the next effective option.

I've found this particularly effective with Kingfisher, but Comet is no longer part of that group - now part of Kesa Electricals.

[Bob Martin]

Not paying isn't an option. Payment by credit card is required (for the £60) before the callout is confirmed, and the parts can then be booked to the same card.

[John Cartmell]

In that case you do need advice - and consider escalating, ask for the product to be replaced rather than repaired. For what you paid you must have expected it to last much longer (eg 6 years plus) and, as the retialers now appear to

*expect* it to last 2 years they clearly missold the product in the first place. Offer them the alternative of your full money back.

[Andy Hall]

Well Bob, this is a railroad.

If you are under pressure to get it fixed for whatever reason then there is probably not a lot of choice.

However, it is at least worth a TS call to see if you can recover something from it.

[Skokiaan]

The local rag (The News) has a consumer champion page (Streetwise) each Wednesday. This business of retailers fobbing people off comes up regularly. The retailers know their responsibilities but do try in on, in the hope that you don't. Sometimes the mere mention of Streetwise has the desired effect.

Give them a ring, they are always seem short or news & love a challenge. Comet, Curry's & Dixons are one of their favorites. The email address is: [e-mail] Tel: [phone]

or (for advice) [e-mail]