Faulty goods - refitting costs

PlumbingTheDepths · 15 March 2017 at 6:51PM

Hi,
I wondered if somebody could please help me with the following situation.

I bought a plumbing part from a UK supplier just over two months ago, and then had it fitted by a third party plumber. The part has failed and the UK manufacturer has agreed that it is faulty and has agreed to supply a new one.

However, they say that they won't cover the cost of having the part refitted, as it is not covered by their guarantee.

I have had a look at the new Consumer Rights Act and related articles, but can't find anything that specifically mentions refitting costs.

Does anybody know if I can claim (under the act, or otherwise) for refitting costs, either against the retailer or the manufacturer?

Any help would be much appreciated.

wealdroam · 15 March 2017 at 7:11PM

PlumbingTheDepths wrote: »

Hi,
I wondered if somebody could please help me with the following situation.

I bought a plumbing part from a UK supplier just over two months ago, and then had it fitted by a third party plumber. The part has failed and C has agreed that it is faulty and has agreed to supply a new one.

However, they say that they won't cover the cost of having the part refitted, as it is not covered by their guarantee.

I have had a look at the new Consumer Rights Act and related articles, but can't find anything that specifically mentions refitting costs.

Does anybody know if I can claim (under the act, or otherwise) for refitting costs, either against the retailer or the manufacturer?

Any help would be much appreciated.

It's in Section 23 of The Consumer Rights Act:

(2) If the consumer requires the trader to repair or replace the goods, the trader must—
(a) do so within a reasonable time and without significant inconvenience to the consumer, and
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

So the seller must cover the cost of refitting the faulty part.

But remember, it is whoever sold the thing to you that has that responsibility.

PlumbingTheDepths · 15 March 2017 at 7:48PM

Many thanks.

I have now contacted the retailer directly and asked them what the intend to do.

I had a look through their returns policy, and they unfortunately take the standard approach of telling you to go direct to the manufacturer. They say if you don't, that it takes up to 4 weeks for them to verify any fault and that they won't send a replacement until they have verified it.

So that will probably be the next hurdle.

Removing the pump will put the shower out of order, so I will strongly argue that it would be a "significant inconvenience to the consumer" to have to wait weeks for a replacement.

Hopefully they are more reasonable than their returns policy suggests.

PlumbingTheDepths · 23 March 2017 at 1:22PM

A quick update on this.

The retailer has said that if I need a replacement, I should get one from the manufacturer.

This is not a problem, because the plumber has said that he won't charge to refit the replacement.

My only question now is, if I accept the replacement direct from the manufacturer and then it fails again, do I still have the right to claim for a future replacement from the original retailer?

wealdroam · 23 March 2017 at 1:40PM

PlumbingTheDepths wrote: »

A quick update on this.

The retailer has said that if I need a replacement, I should get one from the manufacturer.

This is not a problem, because the plumber has said that he won't charge to refit the replacement.

My only question now is, if I accept the replacement direct from the manufacturer and then it fails again, do I still have the right to claim for a future replacement from the original retailer?

Seeing how the seller has dealt with your problem so far, the answer to your question must be "it will be difficult".

Have you read MSE's Consumer Rights guide?
Here is just one short extract:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.

Lots of other good stuff in there too.

naedanger · 23 March 2017 at 1:49PM

PlumbingTheDepths wrote: »

A quick update on this.

The retailer has said that if I need a replacement, I should get one from the manufacturer.

This is not a problem, because the plumber has said that he won't charge to refit the replacement.

My only question now is, if I accept the replacement direct from the manufacturer and then it fails again, do I still have the right to claim for a future replacement from the original retailer?

I would have thought so provided you have evidence to show that the replacement was obtained by following the retailer's instruction. So make sure you get in writing that the retailer has instructed you to go to the manufacturer for a replacement.

PlumbingTheDepths · 23 March 2017 at 1:56PM

Thanks to both of you.

The path of least resistance for me at the moment is to go via the manufacturer, who have offered to send a new one out without having to receive the old one back first.

Following your advice, I can see that I could alternatively force the retailer to deal with it, but would just like to get the work done asap.

I just want to make sure that I could still compel the retailer in future, if the worst happens.

I do have an email from them telling me to go to the manufacturer.

naedanger · 23 March 2017 at 2:08PM

PlumbingTheDepths wrote: »

I just want to make sure that I could still compel the retailer in future, if the worst happens.

Remember compelling a trader to do something is not always easy. You might need to sue them, at which point many people will give up. (So when thinking about what you will do if the worst happens bear that in mind.)

Faulty goods - refitting costs

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