Faulty item from Tesco - they say go to manufacturer (2 years old)

[Early Riser]

It is crystal clear. As long as it hasn't been misused, abused, dropped, driven over, etc buy the purchaser.

You have given your self a bit of leeway there but there is far more not referenced. Some points from Conor Pope's IT Article (9 April, 2018):

"If a fault arises within the first six months of purchase, it is presumed to have existed at the time of delivery and it is up to the seller to prove otherwise or provide remedies. After six months, the consumer may be requested to show that the lack of conformity (eg, a hidden defect) already existed at the time of delivery........
Six Years? ....Well, it does depend on multiple factors. The amount you pay for a product and the reasonable expectations as to how long it lasts are key here."

The reasonble expectation of the lifespan of any item will clearly vary. Good luck with trying to return a worn out pair of shoes after 5 years!
The lifespan of an electric kettle that is boiled 10 times a day is likely to be a lot shorter than one that is used twice a day. It will also depend on whether it is used in a heavy limescale area. I doubt that many well used kettles last 6 years and I doubt that you would have much luck looking to have it replaced by the retailer after 3 or 4 years. And the fact that it worked fine for this length of time suggests that is unlikely to be a manufacturing fault.

I have no idea of what the reasonable lifespan of air fryer might be. But I would doubt that many €100 electrical items that have both a heating element and a fan, and are used regularly, would reasonbly be expected to last 6 years. A quick google search threw up this :
"An air fryer can last anything from 6 months to 3 years depending on the quality of the model that you buy. This is why research is essential before buying and taking home any air fryer."

 

[mathepac]

The point you're missing is that Google, or any other search engine for that matter, isn't consumer law in Ireland, and cannot interpret it. "Ah bu' lissen, de system sez.." as the humans on the help-desks parrot these days. Google parrots stuff too, but so far it isn't the law.

 

[Early Riser]

The point you're missing is that Google, or any other search engine for that matter, isn't consumer law in Ireland, and cannot interpret it. "Ah bu' lissen, de system sez.." as the humans on the help-desks parrot these days. Google parrots stuff too, but so far it isn't the law.

What you are avoiding is that consumer law in Ireland does not oblige a retailer to replace or repair every item that fails for 6 years. There are several caveats and exceptions. One of these is the reasonably expected lifespan of any specific item. Now one random Google search may not establish what this is, but the principle remains.
Do you bring your underpants back to the retailer for replacement if they don't last 6 years? Or maybe they do?

 

[mathepac]

And in fairness to Conor Pope, while I admire his writing and his work as a consumer advocate, I wasn't aware he had qualifications in law, consumer or otherwise. Maybe Google, or some other search engine, could help you establish whether he has or not. I don't think Google has any electrical engineering or design qualification in relation to air fryers or other electric gizmos.

 

[mathepac]

What you are avoiding is that consumer law in Ireland does not oblige a retailer to replace or repair every item that fails for 6 years.

But it's not up to the retailer to decide one way or the other!! It's a matter of law, consumer law, so let the appropriate court or legal authority decide, not a poster here, Google or The Irish Times; my only point in all the noise and heat the topic is generating

 

[Early Riser]

But it's not up to the retailer to decide one way or the other!! It's a matter of law, consumer law, so let the appropriate court or legal authority decide, not a poster here, Google or The Irish Times; my only point in all the noise and heat the topic is generating

Well, that is shifting the goalposts onto another pitch.

Of course you can bring a claim against the retailer. That is very different from claiming that the law is "crystal clear" that they are responsible for repair and replacement.
And in any court case that might ensue the retailer is entitled to rely on several defences, including the reasonably expected lifespan of the product and whether the failure of the product was due to a manufacturing fault as opposed to normal wear and tear.
Crystal clear?

 

[losttheplot]

But it's not up to the retailer to decide one way or the other!! It's a matter of law, consumer law, so let the appropriate court or legal authority decide, not a poster here, Google or The Irish Times; my only point in all the noise and heat the topic is generating

From https://www.eccireland.ie/ecc-ireland-issues-advisory-on-consumer-warranties-and-statutory-rights/

• If the fault arises more than six months after purchase, the seller may request that the consumer prove the fault did not arise as a result of misuse – for instance, by obtaining a report from an independent expert.

For a low end electrical item, it would be quicker and cheaper to replace it yourself.

 

[mathepac]

Well, that is shifting the goalposts onto another pitch.

In what way, pray tell? A consumer law issue decided upon by the appropriate legal authority following due process is how these matters get resolved, not by anonymous internet posters. It's simply placing the matter back into the correct decision-making forum.

From https://www.eccireland.ie/ecc-ireland-issues-advisory-on-consumer-warranties-and-statutory-rights/

• If the fault arises more than six months after purchase, the seller may request that the consumer prove the fault did not arise as a result of misuse – for instance, by obtaining a report from an independent expert.

Nothing new in this part of your post, it's part of the process.

For a low end electrical item, it would be quicker and cheaper to replace it yourself.

This is left field stuff and very disappointing to read in a consumer forum.

Permit large organisations to ride roughshod over consumers and consumer law, just because they can? Bend the knee because it's "quicker and cheaper"? I haven't in the past and never wiil,; I have an abhorrence of bullies of all shapes and sizes

 

[Early Riser]

A consumer law issue decided upon by the appropriate legal authority following due process is how these matters get resolved, not by anonymous internet posters

Quite. Unlike this anonymous internet poster:

Crystal and has been so for years

Permit large organisations to ride roughshod over consumers and consumer law,

But they are not riding roughshod over consumer law. They would be putting forward quite reasonable defences which are available under consumer law. They might even

have an abhorrence of bullies of all shapes and sizes

and wish to stand up to them.


Colm O'Rourke recently used an expression that I had not heard before to describe someone. He said "he was not the sort to go around taking bites out of stone walls". On the contrary, it sounds like you enjoy that sort of thing. Each to their own.

 

[rustbucket]

Does this apply to food?
I’ve a faulty block of cheese In my fridge for the last two years…

 

[flyingfolly]

Seems to be a pretty devisive discussion. Admin feel free to close the thread as its devolving into stupidity now

 

[Brendan Burgess]

Done!