Statutory Warranty for Cooktops?

tl;dr: The cooktop that I bought over 3 years ago broke, and both the retailer and the distributor refused to fix it citing out of warranty. What can I do regarding to Statutory Warranty, and how long the warranty should be, i.e. "reasonable period" for cooktops?


We bought a relatively expensive cooktop in March 2010 when we renovated our kitchen. A Highland 1x gas + 2x induction cooktop (something like this) that costed us ~$2,500 from Winning Appliances in Redfern. It's a great cooktop — when it works. It had already died twice during the 3 years we owned it, and both fixed under warranty.

And last week it died again — induction cooktops simply refused to turn on, although the gas one still works.

Called Winnings and they pushed us to call a different company that fixes this. After being bounced around they told us that they won't fix it because it's already out of warranty — which is apparently only two years from a brand that is "Series about Cooking". We argued that

  • It is not the first time it died.
  • We are not buying some no name brand cheap cooktop from Kmart. We expect quality for the money we paid.

Now they are saying maybe there's issue with our installation (which somehow the previous two technician visits did not discover). We are now waiting for the manager to callback.

Yes I know it is outside the warranty (although I cannot remember whether extended warranty was offered when we made the purchase). However for cooktop that's built into the kitchen benchtop, I would expect it to last a lot longer than 3 years. I am not familiar with statutory warranty, but what should be normal life expectancy of a cooktop? How then can I claim that warranty against Winnings / Highland?

Thanks.

Comments

  • I don't think there are any clear cut rules. I agree with you though, and would be disappointed if I was in your situation.

    Have a look at your local fair trading for information. I know the QLD one has some quite good information on what is covered (http://www.fairtrading.qld.gov.au/guarantees-warranties-refu…).

    If you are unable to get the retailer or manufacturer to come to the party, you may need to go down the fair trading path. I personally had success (~2 months out of warranty) but I gather in reality they are a bit toothless. Still, definitely worth trying if you aren't getting anywhere.

  • Fair Trading & Consumer Affairs love the words fair and reasonable.

    The use of those words must get lawyers excited, who dictates what is fair and reasonable.

    I would say the manufacturer would say 3 years is fair and reasonable but the consumer wouldn't.

    Its about time that they put concrete figures down.

  • Absolutely impossible to put concrete figures down.
    Do you expect a $500 cooktop to last as long as a $2,000 one? Is an oven which is used constantly each day going to last the same amount of time as one which is used only occasionally?
    The real problem with statutory warranties is not what they are - its enforcing them when the provider of the goods isn't willing to honour them.
    The reality is that most people won't bother with a small claim over a small appliance.

  • It is possible, extended warranties do. they give you up to 5 years coverage, regardless of the cost of the unit.

    Yes I do expect a $500 cooktop to last as long as a $2000 one, I expect a cooktop to last a fair and reasonable time.

    Based on your logic, if I buy a $2,000 cooktop reduced by 50% I shouldn't expect it to last as long.

    • Well. Consumer mentality — you usually get what you pay for. Therefore when you pay more to get a more up market product, you sort of expect it to have better quality, last longer, perform better, etc.

  • Scotty, I had the exact same idea of buying a unit just like this! thank you

    Let's say the unit worked as expected over the past 3 years. Would you recommend the unit? I am interested in the efficiency benefits of having an induction + gas cooktop in one. And the fact it is an easy cleanup. I read somewhere on here that induction is like 90% efficient versus gas that is around 30%?

    Comments?

    BTW in my opinion I would suck it up and get a technician out to fix it one more time. Then if it breaks again put it on the rubbish heap. Induction cooktops are a very small percentage of the market and hence may have a higher defect rate than other technologies

    • If the failure rate is the norm, I would not recommend it. However when it works it's great. The gas cooktop is great, as it's larger than your usual 90cm 6 burner ones and quite flexible. It's our first induction burner and they are great too (except when they aren't working). It takes 15A to the wall so make sure your kitchen can take it.

      Not sure about higher defect — induction cooktops have been around for many years and quite popular overseas.

      As of the incident, my wife ended up using the magic word "statutory warranty" and Winnings promised to send the technicians in again. However that does not earn us any confidence with this unit. As I've said before, I expect the cooktops to last more than 3 years. 5-8 years at least. It's not a standalone cooktop either where you just remove the unit and install a new one. We have our Caesarstone benchtop cut up to fit this exactly, which means any new unit we buy must have exactly the same dimension.

      • You are right in expecting it to last at least 5-8 years.

  • I was under the impression that the "reasonable time frame" is dependant on the value.

    For instance, if you purchased a $10000 TV you'll probably expect it to last perhaps 10 years. If you purchased a $300 TV, you can't expect it to last for 10 years as well though it is a TV

  • did you pay for it with a credit card that gives extended warranty?

    not that it applies in your case, but note that though an explicit warranty period starts from the original purchase date and generally doesn't extend due to any replacement (consumers are assured a specific usage duration only), consumer guarantees mean that the statutory warranty period starts from the date any replacement is received (consumers are assured a specific product working life)…

    given that new replacements should have the same working life as new purchases, the statutory warranty period of a replacement should at least equal the explicit warranty period, such that a warranty claim within the statutory period but outside the explicit period should be considered as an explicit warranty claim…

    which means that under Australian Consumer Law, a single purchase could result in multiple free replacements forever :)

    express product warranty period - minimum amount of time a consumer has to benefit from a purchase
    statutory consumer guarantee period - minimum amount of time a product has to be in working order

    • Thanks for the info.

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