damaged BBQ spare parts

Ken the chef

New Member
May 11, 2009
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I received a new fire bowl [the manufacturers description] for my old BBQ.
It arrived slightly damaged. A small bracket was twisted and pulled away from its fixing point plus enamel [paint]on the front edge was chipped away leaving the fire bowl likely to rust straight away.
I have sent the company some detailed photgraphs of the damage and suggested that they replace the firebox.
They have replied asking me to straighten the bracket and do not even mention the damaged paint [Enameling] work.
I think I am right in thinking that I can ask for this to be replaced as part of my statuary rights as laid out in the sale of goods act.
Any advise will be welcome before I have to approach the company again.
 

Georginazn

Moderator
Apr 22, 2009
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As the goods are defective you are entitled to a full refund. It's great that you have photographic evidence. Write to them again, and state that what they have supplied does not conform to contract. Tell them you will not make any modifications, as that will compromise your rights. Tell them if you want a replacement, or a refund (not sure if you bought from a trader or manufacturer). Keep copies of all your correspondence should you need to go further - which you can - there are several options - but post again if a second letter isn't effective!
 

Tony

What Consumer Founder
Apr 7, 2008
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Hi Ken,

Welcome to the forum, firstly when you say "the company" are you referring to retailer or the manufacturer. Remember your contract is with the retailer, although the warranty might be with the manufacturer.

As you have just received the item it is reasonable to reject it and ask for a replacement or refund. Did you buy it over the Web or mail order? If so, you have additional rights.

Tony
 

Ken the chef

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May 11, 2009
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Thanks Georginazn
Already hit the thanks tab but this is the email I sent to Outback BBQs
"NO! I don't think that is a good idea. As the goods are defective I am entitled to a replacement. I have given you photographic evidence. What you supplied does not conform to contract. I will not make any modifications, as that will compromise my rights. I would like a replacement. Should you not fulfill you obligation I can take this further as there are several options".
They responded very quickly and took it quite as I expected.
They are going to organize a replacement and collection but they are already dragging their heel so they Had a polite reminder today.
 

Ken the chef

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May 11, 2009
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A new twist to the saga. The new part arrived damaged. I have phographed the damage again and emailed the info to Outback
 
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Tony

What Consumer Founder
Apr 7, 2008
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Yes they are the retailer and as it was bought over the web you can cancel within 7 days and get a full refund - this is a provision under Distance Selling Regulations
 

Ken the chef

New Member
May 11, 2009
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After advising Outback of the second damaged firebowl I have received the following email from them:
I'm sorry - we did ask the warehouse to use extra packaging this time but I think this ,ay be down to the handling that the parts are getting through DHL and I can see this being repeated time and time again. Would you accept a 50% refund to keep this firebowl?
I know from your previous advise, that will compromise my statuary rights.
I am inclined not to accept for the these reasons; the paint work is damaged and will no doubt rust when it gets wet and the one of the front panels was badly bent
 
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Georginazn

Moderator
Apr 22, 2009
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Ridiculous isn't it - they are online retailers who cannot deliver their product!!!! You are right not to accept their offer - are you sure you want such a fragile product? Unless it is the BBQ you really really want, I'd go for Tony's advised full refund.
 

admin

Administrator
Staff member
Apr 6, 2008
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I would go for a refund, I can personally recommend the Weber kettle bbq. I know they are expensive, but I love mine and the quality is outstanding.

Tony
 

Ken the chef

New Member
May 11, 2009
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Now I have two damaged firebowls. What happen to them as the last one was not collected as I asked outback to do.
 

Tony

What Consumer Founder
Apr 7, 2008
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All you need to do is write them a letter stating that your duty of care will cease in 28 days and you will dispose of the items unless they are collected.

Tony
 

EddieP

New Member
May 17, 2009
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Why not just keep them, get some hi-temp enamel touch up paint and paint the chipped area on the least damages one?

Getting a refund won't help your existing problem of needing to get your current bbq working.
 

Ken the chef

New Member
May 11, 2009
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duty of care

My Duty of care.
Is that from the purchase date or the date I received the goods.
On the first delivery.
The delivery date was approximately three weeks after the order date. 22/04/2009-------08/05/2009
The second was dispatched 1 day prior to delivery [overnight]
I presume that this is the delivery date, but I am not absolutely sure!
I am about to tell Outback of the 28 day duty of care as soon as I know for sure.
 

Ken the chef

New Member
May 11, 2009
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Bbq

Hi Tony,
Things have moved on since last post.
Return slips are on their way and yet another firebowl- I hope they can get the packing right this time, they have had plenty of practice
Ken
 

Georginazn

Moderator
Apr 22, 2009
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Can't wait to hear Ken!!! Do let us know if this online supplier manages to package their goods well enough for them to get to the consumer!!! I once sent a china teacup to Australia, so it isn't beyond the ingenuity of mankind!
I have had a lot of bad experiences with delivery companies however, so I always inform the supplier is they cock-up. We once had a pair of trainers left at the gate of a field half a mile away (we do live rurally, but not That rurally, and some seed potatoes that arrived a month late in a very battered box, two weeks after their replacement order. It is not good enough for the supplier to use delivery as an excuse for evading comsumer rights. I look forward to hearing the sizzle of bangers across the net! Fingers crossed!
 

Ken the chef

New Member
May 11, 2009
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Yes the Fire bowl arrive, yes it was all in one piece and no rearranged bits!!!!!
I worked on dismantling the whole thing , which is a dirty job, I had to drill out a couple or rusted in screws not a problem!!!Great
The first part of the reconstruction went to plan, replacing the old screws with new ones, great. That was the igniters in place! I put the back panel back no problem, great! Installed the gas feed and fixed it, great!!
Cleaned up the control panel,[all greasy] slipped it over th top lip of the fire bowl and looked for the three attachment points, NOT GREAT!! there are non that are in the right place, having stuck my fingers round the back I found the fixing point about two inches away- They were not going to fix anything. If you had been here you would have seen the steam, but I am calm now. Just waiting for the reply!
Now if you can all stop rolling around on the floor.
Would I be within my rights to ask Outback to assemble a complete fire bowl from the bit I intend sending them---Is that a reasonable request???