Why can't I get a replacement for a fridge that has an inherent fault?

We bought an LG fridge freezer from Appliances Online 11 months ago. It came with a two-year guarantee, which we registered with LG.

After about eight months, my wife noticed the inside walls of the freezer compartment had cracked. LG responded quickly after I called the company and a technician examined the fridge.

The technician confirmed the fault was inherent and the company sent us a letter we have to send on to Appliances Online. But it is up to this retailer if it exchanges the fridge or just gives us a credit note. This fridge freezer is almost double the price it was a year ago.
Charles Swann

Mr Swann felt that the terms and conditions of this warranty gave Appliances Online too much leeway to choose how to reimburse him. He certainly didn’t want a credit note, and because the price of the appliance has risen he would prefer a replacement.

We explained that the terms and conditions of this warranty would have been set by LG and it has let Appliances Online choose how it wishes to redress this situation. This is perfectly legal under the terms and conditions, but using this warranty is not Mr Swann’s only option.

The warranty does not override his statutory rights. Under the Sale of Goods Act, there is more choice. Some of this is up to the retailer’s discretion, though, and because it is nearly a year old, the retailer can choose to repair the appliance if it wishes.

Obviously it won’t as LG has said the appliance is beyond repair. In this case Appliances Online can then offer Mr Swann a replacement.

This does not have to be a brand new fridge freezer but it must be of the same make, model, no older, fit for purpose and acceptable to Mr Swann.

If it is not prepared to do this then it must offer Mr Swann a refund. This can be pro rata to take account of the use he has had from the device. However Appliances Online can’t force him to accept a credit note.

We explained this to Mr Swann and advised him not to rely on the warranty. Instead he should contact Appliances Online and say he is exercising his rights to reject inherently faulty goods under the Sale of Goods Act. He already has proof of the inherent fault from LG so it can’t argue this fact.

Case update

Appliances Online has told us that the matter had been resolved. Mr Swann had called it again and it has replaced the fridge freezer.

“We replaced his appliance with a brand new one and delivered it at the customer’s convenience the very next day.”

The company also told us that a follow-up call was made to Mr Swann to make sure everything was OK.