Are Beko being unreasonable? Will ACCC help?

baycie on 09/03/2018 - 11:12

I'm trying to help my friend out with her broken fridge, I'll try to keep it brief.

She is a Mum of 5, her Husband is of no help and one of her children has an autoimmune disease. She doesn't do well in stressful situations and suffers from anxiety, which is why I am trying to help her.

She purchased a Beko fridge for $1250 in August 2013, it had a two year warranty. This was a massive purchase for them as they struggle for money. They needed a good fridge to keep her child's medication cold.

The fridge broke at the 4.5 year mark, the compressor has gone. On researching, this appears to be a common fault with this fridge.

It has been deemed a major fault by the service person that came to assess it.

Beko fridges now all have 5 year warranties, so one would expect them to last at least 5 years.

They refuse to fix or replace it, but have offered her another fridge at the cost of $519.

I've spoken to them on her behalf extensively but the man in charge refuses to budge, even though the lady I spoke to on the phone thought it should be replaced. The boss man said it is too close to the 5 year mark to be worthy of a replacement and won't be reasoned with, the lady quietly suggested it would be worth taking it further.

Does anyone have any suggestions besides "bikies" or "poisoning"?

Thanks everyone.

Do you think we will have much luck with ACCC seeing as it is so close to the 5 year mark? They can't afford to replace the fridge at this stage and are using a borrowed one temporarily.

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Comments

  • Duram on 09/03/2018 - 11:36
    +3

    Under a new law, customers may still have a right to return defective goods even if the manufacturer's warranty period has expired.

    I've gotten an aircon unit fixed for free AFTER the warranty period by citing 'Reasonable amount of time' clause, the fact its under warranty and they wont fix it is even worse. Tell them to get stuffed.

    • Almost Banned on 09/03/2018 - 12:30
      +5

      Yep - a new law that has been in existence since at least 1974

      • poboy on 09/03/2018 - 12:50

        Well the Trade Practices Act was superseded by the Australian Consumer Act 2010. ;)

  • rxjb on 09/03/2018 - 11:39
    +3

    The warranty provided by Beko is an express warranty provided by Beko.

    I would be going back and using your statutory warranty rights and advise them that you would expect a fridge to last more than 5 years and as such, you wish to have it repairs using your statutory rights. The ACCC have a great guide on this.

    Good luck!

    • poboy on 09/03/2018 - 12:53
      +2

      To add to this, the ACCC provides guidance, but does not assist with specific personal cases. For that you need to ask your local fair trading office. Before contacting them, gather the warranty periods of similar fridges - and use that as evidence of what is reasonable. Fair Trading will then contact Beko and try and get them to assist. Although Beko is not compelled by Fair Trading.

      To compel an action you must take it to VCAT, which costs an application fee. Although there's no guarantee they will rule on your side.

    • HeWhoKnows on 10/03/2018 - 19:50
      -1

      You are lucky if fridges last 18 months to 2 years these days.
      Hence the fact it lasted 4.5 years puts it right out ahead some of the other big names.

      I doubt the ACCC would hence support any repair or replacment.
      The fridge has lasted well past its expected use-by date.

      The offer made by Beko is VERY REASONABLE indeed given what the fridge would be worth today in working condition. i.e. Its based on the depreciated value.

      Stop complaining and just accept the brand new fridge…OMG

      And stop being a do-gooder.
      As most people would say "DONT GET INVOLVED IN OTHER PEOPLES BUSINESS!"

      • baycie on 11/03/2018 - 09:53

        If there were more do-gooders in the world, perhaps it would be a better place.

      • chumlee on 11/03/2018 - 10:18

        How many lemons a day do you eat?

  • npc on 09/03/2018 - 13:00
    +12

    Suggestion to contact them and expect 5 years of the fridge life is valid. However it looks like Beko had already provided a reasonable option…given that appliance is well out of warranty.

    BUT - how the hell their finance, health and family situation are relevant to the fridge? This is dusgusting. Similar to asking for the free built in toilet in your brand new car because you pee X times a day.

    • JimmyF on 09/03/2018 - 13:09
      +16

      BUT - how the hell their finance, health and family situation are relevant to the fridge?

      Agred…. Sadly its the give me free stuff mentality because you know I'm poor, but spent $1250 on a fridge that I really shouldn't have.

      In three….two….one…. all the 'give me free stuff' users will be out to down vote!

    • ronnknee on 09/03/2018 - 13:34
      +8

      You would find so many people on Gumtree doing the same thing.

      "I am a mother, I have to feed my kids, can you give me 90% discount?" etc.

      • HeWhoKnows on 10/03/2018 - 19:55

        Now there is a great way around this.
        Just buy a big near new fridge on Gumtree for $150

      • Xiaomi on 17/03/2018 - 00:07

        I get the 'I'm a mother, student, bla bla' excuses on GT all the bloody time.

        Fact is, if you are looking for a factory sealed iPhone X for a discount because you are a single mother with no money, I'd have to say your life's pretty good.

    • baycie on 09/03/2018 - 19:11
      +3

      Was just explaining why I'm helping. If I had not offered a brief explanation, there would be comments along the lines of "why are you helping?" ect. Can't please all the people all the time.

      • Slippery Fish on 10/03/2018 - 17:00

        Fact is it had a warranty of 2 years, the fact they now offer 5 on newer likely better made models means shit. It lasted 4.5 years, that's not horrible for new fridges these days.

        Stop trying to force them for a freebie, they offered something fair, a replacement at or below cost likely… If she can't afford that then start a go fund me, lol you have likely left a very bad taste in the mouth of that manager.

      • HeWhoKnows on 10/03/2018 - 19:56

        Stop being a "Do-gooder"
        It doesn't pay.

  • JimmyF on 09/03/2018 - 13:07
    +7

    Most of this post details are irrelevant other than this

    She purchased a Beko fridge for $1250 in August 2013, it had a two year warranty.

    To be honest, if this was a massive purchase for them as they struggle for money. Then they shouldn't have spent so much. All fridges keep things 'cold' its their job!

    Its hard to say if $1250 was cheap price or not. What style of fridge? How big and what features? If its a massive two door one with all the bells and whistles, then its a cheap price for that style of fridge.

    The fridge is 4.5 years old, as to if this is an acceptable timeframe or not, is really 50/50 depending on the above answers.

    You could push your consumer rights saying you feel the fridge should last at least 5 years or more and see what they say. But this could drag out for weeks or months.

    Or just accept paying the $519 for a replacement fridge if you don't want the hassle and want a fridge NOW.

    I assume they need a fridge now for the medication? So what are they doing for that?

    You could also offer to meet them in the middle and pay $250 for a replacement fridge and have it settled ASAP. This option will still be cheap for both sides and means a fridge arrives ASAP. Rather than waiting for weeks/months to have it resolved.

    • baycie on 09/03/2018 - 19:08
      -2

      They have borrowed a fridge. Certain medications need to be kept at a constant temperature otherwise they spoil, hence sometimes people need to make purchases they cannot afford.

      • JimmyF on 09/03/2018 - 19:14
        +2

        Yeah nah, all fridges will be able to keep the meds within range. Beko is a cheap brand.

        If you're so worried about the temp, then you should have got something with lessor features from a better branded company.

        • baycie on 09/03/2018 - 22:11

          Not my fridge, but as a parent whose child has the same medical condition, we also have a fancy fridge precisely for the reason of keeping our child's medication at the correct temperature.

        • JimmyF on 10/03/2018 - 09:25

          @baycie: What sort of fridge did you have that couldn't keep a consistent temp of 3-4c and what sort of fancy fridge are you using now?

        • baycie on 10/03/2018 - 10:43

          @JimmyF:

          We have a fridge that you can set the temperature differently for different drawers etc.

        • JimmyF on 10/03/2018 - 12:06

          @baycie: So temp does your medication need to be then?

        • baycie on 10/03/2018 - 16:43

          @JimmyF:

          It's insulin JimmyF, too cold and it goes bad, too hot and it goes bad. We have to carry it in a cold bag when we go out as it can be heat affected very quickly. It's only keeping my child alive though, so I'm sure like you say any old fridge will do the job and I can trust that it won't be a problem…

        • Slippery Fish on 10/03/2018 - 17:03

          @baycie: lol abit OTT?

        • JimmyF on 10/03/2018 - 20:59
          +1

          @baycie: If your insulin is ok in a carry around cold bag outside of the fridge, then yes any old fridge will be fine to keep it at the right temp.

          Heck the people at work who are on insulin, store it on the common fridge without issues and that gets open and closed 1000 times an hour!

          The insulin storage and handling guide says

          Insulin Vials and cartridges of insulin not currently being used should be stored in the refrigerator (2 to 8 degrees) until their date of expiry away from freezing coils or freezer.

          Sounds like every fridge temp range to me.

        • baycie on 11/03/2018 - 10:04

          @JimmyF:

          There is a difference between opened and un-opened vials of insulin.

          The people at your work would not be carrying their un-opened insulin around with them.

          An adult with this disease is able to understand if something has gone wrong with their insulin, they better understand their own bodies, a small child cannot express this.

          I hope that you never have a loved one develop Type One Diabetes, unless you live with this disease, you have no idea of what it takes to keep your child alive every day.

          So I forgive you for your ignorance and dearly hope that you get to stay ignorant, I wouldn't wish this on anyone.

  • [Deactivated] on 09/03/2018 - 13:10
    +9

    Get the ACCC rules they are breaking and post up on their review and social media. I believe you're capable of doing that part.

    Leave the sob story completely out of it. It is irrelevant how much hardship anyone is going through. If the fridge failed because it is a bad fridge, it's a bad fridge regardless of personal circumstances. It is enough for you to win your case on merit alone.

    I've had plenty of success doing that. Most companies call me to take down the review within an hour (most recently was a giant outdoors chain, and previously was electronics manufacturer). You will either be intimidated with legal threats or thanked for "pointing out their policy flaw" (which is insincere. They're doing a PR rescue), which is why it's important to leave anything subjective out of it.

  • Dave Id on 09/03/2018 - 13:28
    +1

    A compressor should last at least 5 years.

    Reputable manufacturers actually state that in their express warranties.

  • djkelly69 on 09/03/2018 - 14:21

    Write a complaint letter using the ACCC tool.

  • MynyMouqe on 09/03/2018 - 15:20
    +1

    Contact Fair Trading in your state - this falls under the Australian Consumer Law, and they will provide advice/take action to assist with a resolution. You'll win this one.

  • PissLUR on 09/03/2018 - 15:53
    +2

    take the $519 offer.

  • baycie on 09/03/2018 - 19:06

    Thank you to those that have shared helpful advice, just trying to help my friend out here.

  • whooah1979 on 09/03/2018 - 22:29

    Do you think we will have much luck with ACCC

    don't waste your time with the accc.

    qld fair trading is the state department that handles individual complaints like yours.
    http://www.fairtrading.qld.gov.au/lodge-your-complaint
    https://www.qld.gov.au/law/your-rights/consumer-rights-compl…

    • baycie on 10/03/2018 - 10:46

      Thanks whooah1979, my friend is in South Australia, so I will point her to the relevant ones in her state, thanks.

  • rxjb on 09/03/2018 - 22:53

    another option is to buy a $100 fridge off ebay/gumtree if you cant afford a new fridge? Thats what i would do if i couldnt afford the $1200 in the first place. Make that $1200 go further on a few good second hand items!

    • baycie on 10/03/2018 - 10:44

      They have borrowed a fridge until they work out what to do.

  • pjcook on 10/03/2018 - 07:51
    +2

    5 Years on a fridge is a reasonable expectation for the unit to last without a major failure. Why are you dealing with Beko? You should be taking this up with the retailer.

    Take your issue up with the retailer and if they refuse then ACCC.

    • baycie on 10/03/2018 - 10:47

      Thanks pjcook, I'll have to check with her if she has been in contact with the retailer or not.

  • HeWhoKnows on 10/03/2018 - 19:45
    +2

    When taking into account a "replacement", so is the age of the fridge.
    i.e They take into account depreciation. Or what the fridge would be worth after 4.5 years. Hence the offer of a NEW fridge for only $519 is NOT UNREASONABLE!

    What are the other options?

    1. Pay full price for a brand new fridge
    2. Buy a used "near new" fridge on Gumtree for about $150-$200.
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