We bought a huge LG double door fridge just under 2 years ago. It has the double doors and ice and water plumbed in. It

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Customer: We bought a huge LG double door fridge just under 2 years ago. It has the double doors and ice and water plumbed in. It has completely failed. We paid $3500 as the model was obsolette and it had been floor stock for wuite a while. LG will not do a direct replacement as the latest model now retails at 6300. So they have agreed our fridge is faulty through no fault of ours. It is smelly, we have lost a lot of the meat and veges in the freezer as well as sour milk and yoghurt. All they will offer us towards replacement is a credit for the 3500 meaning we would be in debt another $2000! Is this legaĺ since their product is at fault? Karyn
JA: What state is this in? And when did the issue begin?
Customer: Bought a huge new double door LG fridge freezer under 2 years ago. Ice and water on tap. Completely failed a week ago...souring milk and yogurts and dips, losing meat, fruit and veges stacked to the gills in the freezer. They gave us a loan fridge which we had to put out in the garage, and run out to whenever we need anything. Originally pd $3500 due to it being floor stock for a while and discontinued line. The current model retails at $6300. LG has admotted our fridge has failed but only offerred a credit note for the $3500 originally paid. Which means through no fault of our own, and right on Christmas, we will be indebt for at least another $2000+ shortfall which we cannot sfford. Should LG not be offering like with like model since they're the onesat fault? How doesthisstack uo legally? Thanks Karyn Meechang
JA: Have you contacted the seller or manufacturer?
Customer: Yes Harvey Norman contacted LG direct, and this is all L G offerred!
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No u have yhe whole story
Answered by Chris The Lawyer in 14 mins 1 year ago
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

The issue relates to what you have actually lost because of the failure of the fridge. Although you purchase this at a bargain price, your loss is only the value of what you paid (plus the loss of food in the fridge). The limit of the liability is the value of what you purchased, and if they have offered to pay what you paid as a credit note, that is all which they are liable for. If you were to get another fridge at $6300, then you would be better off than your starting position, which is a legal principle called betterment. While you could probably claim something for the loss of the food, you have however had the use of the fridge for 2 years and they have offered a full refund for what you have paid, even though the fridge is now 2 years old. I don't think you could do any better than what they have offered

Customer
Thankyou for clarifying this. It gives us a stsrting point anyway
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Chris The Lawyer, Expert

Not perhaps what you may have hoped for but I have to explain the legal position as I see it

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