Our combined oven and stove has an annoying fault that makes it difficult to use. We got a quote for repairs: $980 (the parts are expensive). This is from the only appliance service company in town that services this brand (Bosch).
The oven/cooker is about 4 years old and the warranty was only for two years. It cost ~$2,700 new.
Is there any chance I can get Bosch to pay for the replacement parts? I registered the oven when we purchased it but it doesn’t have any warranty benefit.
Read about your rights under Australian Consumer Law. You will find many hits on the Community, Choice, and the ACCC web sites. It is reasonable to expect an oven/cooker to go for more than 4 years without a serious fault so Bosch should be able to be encouraged to supply parts if not the full repair.
Note the ACL starts with the retailer who should at least step in the middle as an advocate if not fully ‘making it happen’ although sometimes it is easier to try to deal with the manufacturer directly. If the retailer fobs you off search for ‘Harvey Norman misrepresenting consumer rights’ to see how that could go.
If a pleasant contact gets push back send a formal ‘letter of complaint’ to the retailer (or Bosch since it appears you may be in a regional area) stating why you feel the product should have lasted longer. A good place to begin research on reasonable expectations is
If you peruse similar issues on the Community there is more specific guidance already posted. If you need additional help please reply again, and please let us know what you do and how it goes.
I think that a reputable manufacturer like Bosch would be very disappointed to hear about one of their products that should last for many years developing a fault after four years.
Whilst the manufacturer’s warranty is well gone, they may come to an agreement to supply parts for free. Contact them in a reasonable manner, and ask the question.
Do mention the ACL, but in the end there is nothing in that law that compels manufacturers to do anything free once the warranty has expired. Nor any retailer you bought the oven from.
Australian Consumer Law (ACL) guarantees are rights that are not extinguished by a warranty expiring (warranties are only additional to what ACL rights are). An oven would be expected to last at least a few years more, first point of contact should be in writing to the retailer. If they do not respond favourably to the request for repair, replace, or refund; then taking action in the State or Territory Fair Trading is the next step and if that is unsuccessful then action is the State or Territory Civil and Administrative Tribuna (CAT) would be the next step.
Summary
There are nine guarantees that apply to goods.
The guarantees apply to suppliers and, in certain circumstances, manufacturers.
Suppliers and manufacturers guarantee that goods are of acceptable quality when sold to a consumer—see page 12.
Suppliers and manufacturers guarantee that their description of goods (for example, in a catalogue or television commercial) is accurate—see page 14.
Suppliers and manufacturers guarantee that the goods will satisfy any extra promises made about them (express warranties)— see page 14.
A supplier guarantees that goods will be reasonably fit for any purpose the consumer or supplier specified—see page 15.
A supplier guarantees that goods will match any sample or demonstration model and any description provided—see page 16.
A supplier guarantees they have the right to sell the goods (clear title), unless they alerted the consumer before the sale that they had ‘limited title’—see page 16.
A supplier guarantees that no one will try to repossess or take back goods, or prevent the consumer using the goods, except in certain circumstances—see undisturbed possession page 17.
A supplier guarantees that goods are free of any hidden securities or charges and will remain so, except in certain circumstances— see page 17.
Manufacturers or importers guarantee the will take reasonable steps to provide spare parts and repair facilities for a reasonable time after purchase—see page 17.
Acceptable quality
Suppliers and manufacturers guarantee that goods are of acceptable quality when sold to a consumer (other than goods sold by way of
auction).
Test for acceptable quality
Goods are of acceptable quality when a reasonable consumer, fully aware of the goods’ condition (including any defects) would find them:
• fit for all the purposes for which goods of that kind are commonly supplied—for example, a toaster must be able to toast bread
• acceptable in appearance and finish—for example, a new toaster should be free from scratches
• free from defects—for example, the toaster’s timer knob should not fall off when used soon after it was purchased
• safe—for example, sparks should not fly out of the toaster
• durable—for example, the toaster must function for a reasonable time after purchase, without breaking down.
This test takes into account:
• the nature of the goods—for example, a major appliance such as a fridge is expected to last longer than a toaster
• the price paid—for example, a cheap toaster is not expected to last as long as a top-of-the-range one
• any statements about the goods on any packaging or label on the goods—for example, the toaster box shows a special defroster function
• any representations made about the good by the manufacturer or supplier—for example, nthe supplier said the crumb tray was easy to detach and clean
• any other relevant circumstances relating to supply of the goods.
For an oven, CHOICE have listed an expected life, this is similar to many other sites (a CAT would also have an expectation that ovens would have a expected long life in normal use)
Ovens
Cheaper to replace at 6–20 years
Life expectancy*:
Budget / entry level: 10 years
Mid-range: 15 years
High-end: 20 years
Good news if you love your oven: if parts are available then even an old model is well worth repairing. Broken doors, thermostats, simmerstats and elements are easy to fix. Broken fans and electronic panels can be more expensive, but a new oven won’t save you much on running costs so it’s worth looking into.
*** Note:** These results are from our sister organisation Consumer NZ’s 2013 member survey, which covered a range of appliances we were unable to include in our survey. This was a member-only study, and we think respondents demonstrate higher expectations of their appliances than the general population does.
These are about time of purchase, not four years down the road. Possibly one may apply but is not a guarantee. That is availabilty of parts for a repair. For a reasonable time. Good luck defining that.
One could try their luck in a court or tribunal, but make the approach to the manufacturer first, because your case would likely be rejected at your expense if that was not done.
So I did not suggest taking action in a CAT before having contact with the retailer (who under ACL have the major responsibility) or a manufacturer. There are some steps that must be undertaken before a CAT will likely hear a matter and I note again these include firstly requesting an outcome from the retailer/manufacturer (retailer is best as compensation for other costs involved in making good the situation can be sought). If the approach fails (and this may take more than a single contact/attempt) the next step is the State/territory Office of Fair Trading (FTA). If the FTA approach fails then the next step would most likely be the CAT (however, a Court instead may be used).
For goods to be of acceptable quality they must be durable (taking into account the cost of the goods and their expected lifetimes), an oven/cooktop is not a cheap purchase and is expected to have a decent lifetime (durability).
What you have said previously is that there is no coverage except for warranties, this is incorrect.
Whether a manufacturer has spare parts or not or that they do not wish to deal with the issue, if an oven had defects within a few years of purchase (not due to misuse), ACL rights apply. It may require action beyond just simply requesting a fix of the retailer or manufacturer for the fault/faults, and these types of issue have been discussed a lot on this site. Whether someone wishes to take further action is up to them, but going back to days previous to ACL protections as you seem to be advising (I may be mistaken in my opinion and I apologise if this is the case), is not the law as it stands now.
So, Yes, there is something that compels them. The ACL compels them to do things beyond their warranties. It may need to be argued in a CAT or a Court, but ACL provides protections beyond what a manufacturer deems a suitable warranty period. There have been sufficient decisions in CATs that uphold the expectation of durability and have become case law, particularly in regards to more costly items that are expected to have a long usable life.
Bosch promote their goods and customer service as premium, this adds weight to any consumer complaint about durability and bolsters Bosch’s requirements to meet the ACL.
“Not only do Bosch appliances fit seamlessly with your kitchen, but the performance and reliability of our high-quality products [my bolding] also perfectly complement your daily routines. Our features and functions make every day easier and more enjoyable.”
With our decades-long track record of superior product quality, consumers around the world value Bosch as one of the most reliable kitchen appliance brands [my bolding]. Each of our appliances undergoes hundreds of quality checks before leaving the factory. So our kitchen helpers will see you and your family through many meals and moments. Just one of the many advantages you can enjoy with Bosch."
“Bosch appliances deliver the best possible value – in terms of reliability, performance and design. So when you choose our products, you are always getting the complete package. From cutting-edge features that delight you day after day, to durability, ease of use, and a top service offering. Simply put: our appliances are worth it. In the short and long run.”
Bosch also state the following (acknowledging their responsibility beyond warranty) “The benefits offered by this warranty are in addition to your rights and remedies under Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to major failure. In the event of a minor failure, the Company reserves the right to choose to repair or replace the appliance”.
Getting competent legal advice before taking all or many of the steps outlined is always a strong recommendation, it does not have to be at a cost as there are a number of free consumer law centres that provide advice and support.
I absolutely stand by that. Show me where in the ACL that a consumer has a statutory right to compel a manufacturer or retailer to repair, replace or refund a product once it is years beyond the expressed warranty. Phrases in the the ACL such as might, may, should are not acceptable as any sort of argument.
