Right to replacement freezer cell motor?

Questioner

Bought a freezer in 2018. Problems from the first week and reported (written proof). Someone came by a few times, but the problem was never solved. The freezer worked, but in our opinion it always had to work too hard (especially in the summer) and it also occasionally malfunctioned. Had annual maintenance carried out by another company. Now after 5 years (almost - this month) we find out what the problem is. A different freezer motor was installed than stated in the quote (a weaker one). A weaker motor means that it has to work harder and has a shorter lifespan. This is also correct, because last September it broke down (life expectancy is 10-15 years) probably due to overheating. After requesting several quotes elsewhere last summer (hunch) we found out that this current weaker motor is there, and that all other companies recommend a stronger motor based on space calculations (they do not know what was there). We have now had a new one installed by another company, and it works as it should. Unfortunately, it is not possible to talk to the company. We now have sufficient written evidence that he indicates that he thinks this engine suits us, but accidentally made a typo in the quote. But not only in the quote, in every contact he talked about the more powerful engine. Whether we paid for this, we do not know, because it was a total quote/invoice. We also have all the evidence in the email that he actually does not want to give a good calculation, because we are not stupid and know what is missing. If we indicate this, he knows how to make a nice story out of it. What it comes down to is that he never wants to give in, unless we really start something legal. Now I think we can prevent this by writing 1 more strong letter/email with all the facts below each other, which he actually substantiated himself, from which it appears that a big mistake was made, and that we could have addressed the problems if this had already been solved at the time or if the right engine had been there. So within the warranty we reported it several times, and now after the warranty we find out that it is a completely different engine (their sticker was over the sticker of the engine and luckily we still had a photo of the box). But actually we want to know if we are still entitled to something, and if so, what. Because then we can draw up something ourselves regarding email. But if we can get help with this, then we are also prepared to do so.

Lawyer

It appears that there are potentially multiple legal issues: non-conformity, mistake, and possibly tort. However, it is important to stress that specific legal advice is needed to fully understand your rights and potential claims. Non-Conformity: Based on article 7:17 of the Dutch Civil Code, products purchased from a trader must comply with the agreement. This means that they must function as the buyer may reasonably expect. From your description, it appears that the delivered freezer motor did not function properly, which could constitute a shortcoming (non-conformity). Error: Article 6:228 of the Civil Code speaks of error when an agreement has been concluded on the basis of incorrect representations of the facts. If the engine that was indicated in the quotation was a different, more powerful model than the engine that was delivered, and you concluded the agreement on the basis of this quotation, this could be grounds for error. Tort: There may also be a tort. If you can prove that the supplier deliberately installed a weaker engine and deliberately hid this from you, then there may be a tort. This could be grounds for a claim for damages. To create a strong letter, you may want to consider consulting a lawyer who has experience in similar cases to clarify your position and your options. There are several options for free legal advice, such as the Legal Help Desk, which is funded by the government. ---------------- Please note! This free advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer ---------------- Call us for further assistance Stichting Rechtswinkel.nl is a national organization with students and volunteers. We may be able to help you free of charge or refer you to a reliable lawyer or legal expert. Call us during office hours on 040 2350423.