Q: A few months ago, I bought an upright freezer with six compartments, two of which with plastic swinging flaps. One week after the installation of the freezer, we broke one of the swinging flaps. I immediately contacted the supplier to have it replaced and pay for it.

The supplier did not have the part available and I was told I had to wait for the next consignment to be shipped. This was due to arrive some weeks ago.

When the part finally arrived and the supplier came to my house to install it, it did not fit. Apparently, the mother company changed the freezer model and the part I need is no longer produced. What are my rights as a consumer? Since the agent has failed to supply the required spare part, am I entitled to a brand new freezer, complete with all flaps and drawers?

A: The Consumer Affairs Act stipulates that “when the goods purchased require maintenance, or possible replacement of parts, replacement parts and appropriate repair service must be made available for a reasonable time from the date of delivery”.

The trader may release himself from this obligation by expressly warning the consumer in writing, prior to the contract, that he does not supply replacement parts or repair service.

Unless you are informed before the sale that the trader does not provide parts, he is legally obliged to provide you with the part you need.

However, since you caused the damage to the part, the law does not specify what remedies or compensation you are entitled to.

At this point the best way forward is that you complain with the trader and request that he provides you with an adequate solution.

If you are not offered an acceptable remedy, then you may file a complaint with the Office for Consumer Affairs.

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