Q: I purchased a kettle from a local shop and within less than a week the inside of the kettle became brown. I returned it to be checked by the seller’s technicians.
A company representative contacted me to inform me that the kettle has been checked and no repairs were done because the technician reported that the damage was caused because the kettle was boiled without water.
This is not true at all, as I know how to use a kettle and wouldn’t make such a mistake. I insisted with the seller that the inside of the kettle became brown because there is something wrong with it.
I am requesting the seller to replace the faulty kettle with a new one since it resulted faulty just one week after purchase. I would like to know if I am right to insist on a free replacement?
A: Since the kettle’s fault became apparent just a week after purchase, and hence within the six-month limit, then the fault is presumed to have existed at the time of delivery and you are therefore entitled to free repair or replacement. Unless the trader can prove that the kettle is not defective but the defect was caused through misuse. If the seller is able to present such proof, then legally you cannot claim a free remedy as misuse is not covered by consumer legislation.
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