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Second hand fridge freezer breakdown

Last post Thu, May 10 2012, 7:55 PM by exterminator. 2 replies.
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  •  Thu, May 10 2012, 7:55 PM

    Re: Second hand fridge freezer breakdown

    The sale of goods act is only applicable between the original purchaser and the supplier of the goods, it was that sale agreement which was the basis for forming a legal contract between both of those parties. The manufacturers warranty balance unless specifically stated that it is transferrable, again only applies to the original purchaser, as the manufacturers warranty also formed a legal part of that original contract of sale.

    Unfortunately, the item you have purchased was a 'sold as seen' second hand fridge bought from a private individual, which gives you no guarantee or legal redress as to the longevity of the item that you have purchased. You could only have held the seller responsible if he was in the business of supplying these appliances as a trader or had deliberately and knowingly mislead you as to the state of the item. Neither could you force the manufacturer to accept responsibilty or honour any balance of warranty, unless the warranty states that it is transferrable, or they exercise their discretion and help you out as a gesture of goodwill ....which they may claim they have already done by trying unsuccessfully to fix it.

    As to the cost of the ruined food, perhaps you may have some insurance cover for the loss of contents in the event of appliance failure.

    • Post Points: 5
  •  Thu, May 10 2012, 7:15 PM

    Re: Second hand fridge freezer breakdown

    Not sure what rights you have with the manufacturer, as you did not buy it from them.

    In my opinion To make a claim for a design or inherent fault, you would need to get an independent report and then use that to pursue Samsung. Without a report, you would be arguing on the basis that parts should have lasted longer. Being that you have only owned it for 2 years, you cannot say whether or not there were any problems prior to 2010 or whether it has been subject to mishandling. e.g It may have been moved around and knocked while redecorating for example.

    There is more advice in this link, where an example is used about a fridge that is 4 years old.

    http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/Yourconsumerrightswhenbuyinggoodsandservices/DG_194650

    • Post Points: 5
  •  Thu, May 10 2012, 6:53 PM

    Second hand fridge freezer breakdown

    Hi, I hope you can help me. We purchased a second hand Samsung fridge freezer when we bought our house in 2010. It was already in the house and is a large american style one that fits into the kitchen. It cost us £500. At christmas just gone it broke down. We lost all our food for christmas and both fridge and freezer were stocked full. I called Samsung who arranged a third party to come out and fix it (no callout fee) this cost us £216 for the new part we needed. Last week it broke again, I called Samsung who again sent out an engineer, he regassed it but said if it did not work there was nothing he could do. It didnt work...

    We have now lost two lots of food and spent £716 on the fridge freezer!

    I have called Samsung who want a receipt for the fridge, they will then give us the depreciated value of it. I dont have this as I didn't buy it new but I know, and Samsung have confirmed, it was originally purchased in 2008.

    So now I dont know what to do, if I tell Samsung we bought it second hand will they refuse to pay out even though it is only 4 years old? Is there any way I can get some compensation for this and who do I need to speak to?

    Thanks in advance for your help, sorry for rambling on!

    • Post Points: 35