Warm Fridge

Can someone give me some advice pls?

Problem: I have a user stuck with a warm fridge at home. Top shelf at least 13C and 2nd shelf from top about 9C at the maximum thermostat setting. Higher temperatures when thermostat setting is set between normal and maximum.

Investigation sofar:
Fridge engineer (on behalf of the manufacturer, Baumatic) has come 4 times, changed the fridge 2 times and the last engineer (a different one to the previous 3 visits) confirmed that it is normal to have a temperature differential of 5-6C if the fridge has no internal fan to circulate the air. That means this is a design "feature" and the fridge is not faulty.

I also know that for domestic fridges there are no laws governing the temperatures within a fridge but there are for commerical setting (max 8C).

Next steps: I am keen to try to get money back from the fridge manufacturer based on the argument of food safety despite the fridge may not be faulty.

My questions are as follows:
Is it really true that the fridge is not faulty? Is there any engineer out there who believes that the fridge is faulty?

Which.co.uk legal team suggests that I get an independent reoprt to prove Baumatic wrong before I try to get the money back because from Baumatic perspective the fridge is not faulty.

Any comments welcomed.

Many thanks, Freda

hi there easy one this if it dont do wot it says on the tin take it back get yr money back and buy a different one and ask for it to be demonstrated and temp proven before takin it home if they changed it twice somat up in it

sorry read that again they wont refund u ?

hi leongf , first you say the stat is set between normal and maximum , well try minimum, is the fridge made to keep food in it? < its not a drinks fridge< if its for food the recomended temp is 6 c, so if its got a fan in it or not if its not getting down to 6c its not doing what its made for so under british law its not doing what it was sold to do , tell them so get the local paper to do a little story on the con men who sold you a fridge that wont do what its sopost to do, best of luck,

hi simon , give us your version?

hi sedgy if he had a guy out 4 times an replaced twice an it still does not work aint got a clue to be honest if they all brand new and different batches of domestic from different production runs could be design flaw i would try stat the other way as far as it will go and let it run but without a good thermometer to put in it the only way to tell is if it starts to frost :) up other things is look at is where it possitioned not crammmed in a cupboad or backed onto a radiator not been dropped would have hoped the tech that had been to look would haved checked it all though there is only a few things to go wrong with a small fridge int there really stat or compressor or gas ? everything else is down to possition and user let me no if this is any help :confused::);)

sorry i waffle like a woman some days lmao yeah i would say its faulty should be lower than 5 deg c wots temp on bottom shelf out of curiosity ?

simon I agree with what your saying , but if its a desighn fault the gent should get his money back, dont you think? by the way you where not waffling , on this webpage you sometimes have to go on ,to get the point over , adios simon,
hoy freda you there girl?

lmao popped out 4 a while have a good one :)