Letters of the month: Unrepairable fridge-freezer, damaged wall & more

Damaged wall

A carpet layer from a carpet retailer laid some carpet for me in the lounge and hallway and made a hole in the wall. The retailer admitted the layer was at fault but said it was a thin wall. It’s refusing to fix the hole. We’ve already paid $500 for the carpeting job. What do we do now?

- KAREN MEEHAN

As you paid the retailer, it’s responsible for fixing the damage for free under the Consumer Guarantees Act, and to do so within a reasonable time. We’d suggest you point this out in writing to the carpet retailer.

Karen wrote to the retailer and within 2 weeks the wall was repaired.

---

Replace or refund?

I bought a carpet cleaner last year and it broke down. The retailer wants to refund me instead of replacing it. I want a similar product, not money back. What can I do?

- RAFAELA VAN MIERLO

If the retailer has offered to refund you in the same way you paid – not via a store credit – then it might be worth accepting that. In theory, if the fault was major, you could insist on an identical replacement under the Consumer Guarantees Act. But the problem you had with your original carpet cleaner may be a batch failure. It’s a good idea to check on international product review sites for known problems with that make and model before you demand a replacement.

The retailer offered Rafaela a newer model of the carpet cleaner, which she accepted.

---

Unrepairable fridge-freezer

We have a Fisher & Paykel French door ice-making fridge-freezer that we purchased in July 2018. The ice maker no longer works after 5 years of use. We’ve had three visits from a F&P serviceman who attempted to fix it without success. The last time he came he damaged the line heater so that the freezer was in a worse condition. The serviceman said it was not repairable and to contact the retailer for a replacement fridge-freezer. A report came back from the manufacturer saying, “internal water line tube may be too close to evaporator freezing and blocking tube”. This is obviously nothing that we have any control over. I would expect an ice maker to last more than 5 years. Is there a case for this to be followed up under the Consumer Guarantees Act?

- A MEMBER

In our opinion, it’s reasonable to expect a remedy to be provided under the Consumer Guarantees Act. Faults with the ice makers on these fridges seem to be fairly common. The logical conclusion to be drawn from the serviceperson’s comments, and the Fisher & Paykel report is that the cause of the problem is poor design and that it is unrepairable. Fisher & Paykel is also liable under the Act for the damage caused during the service. We’d suggest you go back to the retailer and tell it that the service it arranged has not been successful and that you expect it to provide a remedy under the Act. Given that repair is not an option, this would be either a replacement or a refund.

The fridge-freezer was replaced with a new one.

---

Rugged floor rug

I purchased a rug online through a flooring retailer. I opened the parcel today and found one side of the rug to be of poor quality. The threads are thin, some have unravelled, and are cut 2cm shorter than those of the other three sides. This one side looks very different to the other three. There is also a hole in the back and a bad smell and dust coming from this. Possibly insects. I emailed the retailer I bought the rug from, attached photos of the problems, and explained my disappointment in the item I paid for. I asked to return this item as I am not happy with the quality. It does not look like the photos shown online and I paid the price for a quality product. The retailer replied stating “All our rugs are handwoven, and some variances do happen however, we have forwarded your email to the manufacturer and are awaiting their reply and help on this”. Should the retailer not be responsible for replacing or refunding the item as it’s the business I bought the product from? Do I have to wait for the manufacturer to sort this issue?

- NIKKI THOMAS

The retailer should not have to approach the manufacturer before providing a remedy for the problem. It’s responsible, under the Consumer Guarantees Act, for any faulty goods that it sells, not the manufacturer. The rug is clearly faulty, and repair will not be an option. The retailer should either refund your money or replace the rug. We’d suggest you point this out to the retailer and ask for a remedy under the Act.

After 6 weeks a replacement rug was provided.