Supply and fit

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Jurgen500
Jurgen500 Posts: 21 Forumite
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edited 16 July 2017 at 9:20AM in Consumer rights
I recently agreed for a seller to supply one item and supply and fit 2 further items to it, resulting in an overall integrated package which the supplier reassured me would work. Fitting one of the add on items required some modification to the main item rendering any warranty null and void.

Unfortunately one of the add on items does not work as required, albeit other components do work. The supplier has tried to remedy this without success. So now im left with 3 elements to the package, one that works, one that doesnt and one thats been physically modified (but still works) but removal of the faulty item would leave external holes - all as an integrated package

All items were sourced as new by the supplier

Can i return the whole lot and demand a refund? The supplier is saying he has done what was agreed (supply and fit the items) but my view is that it is reasonable to expect the whole package to work (individual items and in total and as a package). Its been 2 months now since receiving the package and identifying the fault and the supplier has offered other lesser alternatives but im now at the point of either accepting a lesser alternative or trying to get a full refund.

Any advice on where i stand under the Consumer Rights Act would be appreciated

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  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    Can you explain what exactly these "items" are, it will really help us tailor the correct advice for you?
  • societys_child
    societys_child Posts: 7,110 Forumite
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    :huh: It all sounds a bit top secret.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    When did you receive the goods and when did you notice the problem?

    If it was within 30 days, then you should be able to reject the goods. If some goods don't conform to contract you have the option of:
    1) Keeping all the goods
    2) Rejecting the goods that dont conform and keep the goods that do conform
    3) Reject all the goods.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Jurgen500
    Jurgen500 Posts: 21 Forumite
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    Sorry, i was trying to keep my question simple but heres the detail.

    I agreed with a supplier that he would supply a remote controlled bait boat and fit a depth finder plus an autopilot module that allows the boat to be sent to gps coordinates. In fitting the autopilot, the boats control systems had to be upgraded and the gps puck screwed to the outside of the boat.

    Unfortunately, the autopilot will not wotk with the boat even though i was reassured it would. Otherwise the boat and depth finder work fine. So, i am left with an autopilot that does not work and a boat with unnecessary screw holes in it from the autopilot gps puck which is useless so needs removing. So, no autopilot, damaged boat and unhappy customer.

    The supplier has tried to make it work to no avail and tried a different option that did not work. Fair enough, the supplier has tried but im left with a package that is not what i was assured i would get, a whole integrated bait boat with the working add-ons. We are still negotiating other options but im just checking what my rights are.

    Sorry, its a long winded tale........
  • wealdroam
    wealdroam Posts: 19,181 Forumite
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    Jurgen500 wrote: »
    Sorry, i was trying to keep my question simple but heres the detail.

    I agreed with a supplier that he would supply a remote controlled bait boat and fit a depth finder plus an autopilot module that allows the boat to be sent to gps coordinates. In fitting the autopilot, the boats control systems had to be upgraded and the gps puck screwed to the outside of the boat.

    Unfortunately, the autopilot will not wotk with the boat even though i was reassured it would. Otherwise the boat and depth finder work fine. So, i am left with an autopilot that does not work and a boat with unnecessary screw holes in it from the autopilot gps puck which is useless so needs removing. So, no autopilot, damaged boat and unhappy customer.

    The supplier has tried to make it work to no avail and tried a different option that did not work. Fair enough, the supplier has tried but im left with a package that is not what i was assured i would get, a whole integrated bait boat with the working add-ons. We are still negotiating other options but im just checking what my rights are.

    Sorry, its a long winded tale........
    Hello Jurgen500, welcome to the forums.

    From what you have said, it sounds like you are a business - you have an 'unhappy customer'.

    If that's the case, unfortunately consumer rights will probably not help you, and you will need to look at the terms you have agreed with your supplier to see if they cover restoring the boat to it's original state.
  • bris
    bris Posts: 10,548 Forumite
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    Sounds to me like its all hearsay unless you have it in writing how it would all be put together and it would work.


    I assume now that you did all the cutting and assembly after having 3 separate parts shipped to you.


    Your initial post seems to suggest this was done by the supplier which would have given you a stronger case.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    edited 17 July 2017 at 7:31AM
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    wealdroam wrote: »
    Hello Jurgen500, welcome to the forums.

    From what you have said, it sounds like you are a business - you have an 'unhappy customer'.

    If that's the case, unfortunately consumer rights will probably not help you, and you will need to look at the terms you have agreed with your supplier to see if they cover restoring the boat to it's original state.
    Doesn't sound like a business to me, bait boats are used by anglers.

    OP, who's decision was it to fit this autopilot mode and did the supplier given any indication that it was guaranteed to work? If this sort of thing is an advertised service provided by the supplier then yes the item is not fit for purpose and you should have the right to a refund, however if this was something that you, yourself commissioned then I'm not so sure.

    Are any of the individual parts faulty in themselves?
  • Jurgen500
    Jurgen500 Posts: 21 Forumite
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    Yes, i am the purchaser of the bait boat plus add ons. I commissioned the supplier to supply the boat and add ons and fit the add ons on the basis that it could be done and made to work. No written guarentees were issued but the spec was agreed on the basis that the supplier would make it work which he verbally confirmed on multiple occasions. It didnt so i agreed an alternative option but that wont work correctly either.

    The supplier has offered to make good the boat, remove the faulty autopilot and recompense any monies out of pocket which is fair enough. My problem is that after 2 months i have low confidence that this will be sorted quickly so basically im looking at sending the whole lot back and demanding a refund.

    Question is, if he doesnt agree, what are my chances in a small claims court.

    The supplier has tried, no question but the finished article doesnt meet the agreed spec (supply and fit is fine but the implication based on the suppliers reassurances is that it would work.) He has blamed the add on suppliers for not saying it would not work on this particular boat plus blamed the autopilot software which was proven not to be a problem) etc etc.
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