Expectation of durability: broken hob stand?

mkilpatr

New Member
Jul 4, 2012
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Hello all,

imagine how livid I was when I dropped the cast iron pan stand from one of the rings of the Whirlpool AKT466/NB gas hob, onto the cushioned lino kitchen floor, only to have it break in two!

Needless to say it's now out of warranty by 6 months.

The question is, under the Sales of Goods Act, should I not expect a detachable part such as one of the pan stands, to be sufficiently durable, given that it is intentionally detachable for cleaning, etc?

It's quite obscene that a replacement, which is just a lump of cheaply cast iron (probably made in a sweatshop in Asia) is listed at £50.99!! If I had to replace all four, that would be 58% of the original price of the hob!

Should I not be entitled to expect the pan stand to withstand a fall from kitchen surface height onto a cushioned lino floor?

Michael
 

ALewis

Moderator
Nov 23, 2010
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South Wales
I don't think the question is to really doubt the durability post-drop, the question should be really if it's reasonably expected to be dropped in the first place..
 

mkilpatr

New Member
Jul 4, 2012
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Something which is detachable (or even in this case, loosely placed on top and never attached in the first place) and is expected to be removed regularly for cleaning, can, I say, reasonably be expected to be dropped from a height equivalent to a typical kitchen surface. In the same way that a television remote control can be reasonably expected to be dropped regularly from the height of the arm of a chair or a coffee table.

Michael
 

Witch consumer

Moderator
Sep 8, 2008
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Debtors retreat
I agree with Adam, this would be classed as accidental damage, I suppose you have an excess on your home insurance that would prevent you from claiming?

I would interpret durable in this case to withstand heat or the weight of pots/pans placed upon it during its normal use.
 

mkilpatr

New Member
Jul 4, 2012
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So what you are saying in effect is that there is no onus on *any* manufacturer of *anything* mobile to make it withstand any sort of dropping whatsoever? That goes for TV remote controls, pan stands, torches, keys, mobile phones? Any device that gets moved around on a regular basis either as part of its use or part of its cleaning routine?

It clearly doesn't go for CD players because they are intended to sit in/on a piece of furniture, but that's an entirely different class of product.

Michael
 

ALewis

Moderator
Nov 23, 2010
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South Wales
Michael, you asked about hob plates, it is not reasonably expected for one to be dropped, just like it would not be reasonably foreseeable for a microwave to be dropped when picked up for cleaning underneath.

It's all about reasonable foreseeability, and a hob plate isnt there to be dropped, it's to be used to support pans etc.

Sorry it's not the new you wanted.
 

Witch consumer

Moderator
Sep 8, 2008
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Debtors retreat
To confirm, the Sale of Goods Act makes no provision for mis-use, accidental damage or use for any purpose other than intended. If the stand had shattered on the hob, you would have redress, in this case you haven't.

I also think you will find the same applies to any other item damaged by dropping, certainly a mobile phone wouldn't be replaced by such damage, unless it was through insurance.