Nacktschnecken omlet Cube

[pips_pekins]

We had a lovely new kitchen fitted just over a year ago. The hinges on one of the cupboards were a bit dodgy from when they were fitted but we don't use that cupboard regularly and so didn't complain immediately as they weren't so bad. They are ones that lift up and over and should hold the door up but now they don't have any resistance in them at all to hold the door open. I have been back to the supplier and said I don't believe they were fit for purpose, cupboard hinges don't need replacing annually especially at £110 a time! He says he won't supply new ones unless we pay for them. Any consumer experts who can suggest what to do next? Thank you.

[SarahJo]

380 newtons - kessebohmer lift-o-mat

 

OH had 120 newton ones which were not strong enough and changes to ones above (eBay)

 

we have our microwave in a cupboard above the oven, hidden by an up-and-over door. The hinges are supported by piston type things, if that makes sense

 

Hope this helps

[freddie]

go onto CAB website, or consumer rights, and get onto a forum there, and hopefully some nice legal person will give you the words to use to make the supplier who sold them to you sit up and take notice, and put the problem right. Good luck with it. Dont take no for an answer. Whatever happened to Customer service?

[Shirl]

You are right they aren't it for purpose. You didn't pay by credit card for any of it did you? You would have got extra protection even if it was only the deposit. I think you should put your complaint in writing giving them 14 days to rectify the problem. Then you could try the credit card company if applicable and then the small claims court. Tenacity is sometimes required in these matters.

[The Dogmother]

Absolutely right; not fit for purpose. I'd get back to them in writing with a copy to your local trading standards office - that'll make them sit up!

[pips_pekins]

Hi. Thanks for all the replies. The supplier is sticking to his guns. He says he has no way of knowing that the hinges have not been ill treated Not sure what you can do to a hinge other than open the cupboard and then shut the cupboard again. Have quoted all the relevant law at him but he is not budging.

 

Will try CAB and OFT next. Need to see how I can prove that we have used the hinges correctly Any further thoughts much appreciated.

[Shirl]

You need to put it in writing to him. I you decide to take itas far as the smail claims court then you need proof that you have tried to resolve the claim reasonably. Trading standards have ahelp line and website called Consumer Direct,the website has lots of useful info. They can email you pro forma letters.

[majorbloodnock]

I believe the rule of thumb used in consumer law is as follows. If something fails within its first year, the onus is on the supplier to prove it was fit for purpose. If something fails after the first year, the onus switches to the purchaser to prove it wasn't fit for purpose, and the longer something lasts the more difficult it will understandably become for the argument of unfitness to be used.

 

Naturally, different things will have different lifespans, so there are variations to this rule of thumb. I doubt a manufacturer of windscreen wipers would be worried about a complaint that their product had only lasted eleven months, whereas the car manufacturer would definitely be made to sweat by a complaint of structural failure at the three year mark. The perception of how long it's "reasonable" to expect something to last matters very much, and if it were to get to court, the "reasonable perception" used would be that of the judge unless there was a precedent already.

 

I don't personally view hinges as consumables. They should last for ages. It's pretty obvious plenty of other posters here take a similar view. That suggests strongly that how long your hinges lasted was unreasonable, and so they were unfit for purpose. At a couple of quid for a set of hinges, I'd say you should wear the cost and forget about it. At £110, I'd say it's well worth pursuing, and the sooner the better to maximise the validity of your case.

 

**Disclaimer**

 

I'm in no way a legal professional, so wherever necessary check the views I've put forward with someone who really does know what they're talking about.

[pips_pekins]

That's great major. Thank you. I will follow up what's been said.