Can I get a replacement?

smcaul

Your contract is with the retailer, what there terms are with the wholesaler/manufacturer are very separate. The retailer would still need to prove that the cost of replacement was disproportionate, which is very difficult to prove, unless the item is something like a car.

Even something like a washing machine the costs mount up very quickly. So for instance, if the washing machine had an engineer out to it twice at the normal rate of £90 (which is what hotpoint/indesit seem to charge) then after only 2 call outs it would have been cheaper for them to replace rather then to repair an average priced washing machine.

So if you were in the situation then I would ask the retailer to prove their costs, and do so in court as well.

If that means they then have to take the manufacturer to court to regain their costs then that is their lookout, not yours.

OlliesDad

smcaul wrote: »

Your contract is with the retailer, what there terms are with the wholesaler/manufacturer are very separate.

But if they can prove that it will cost them nothing at all to get it repaired, that would be the cheapest option.

In your example above, if it is going to not be cost effective to repair, the retailer would presumably choose to replace it anyway. So in essence it would still be their choice.

In all cases you could get them to prove what they are saying in court, but if you are wrong, you will be left out of pocket with court costs.

smcaul

OlliesDad wrote: »

But if they can prove that it will cost them nothing at all to get it repaired, that would be the cheapest option.

In your example above, if it is going to not be cost effective to repair, the retailer would presumably choose to replace it anyway. So in essence it would still be their choice.

In all cases you could get them to prove what they are saying in court, but if you are wrong, you will be left out of pocket with court costs.

All they can do is refuse what you ask for, they can not then decide the remedy without you giving your approval, basically both parties would need to agree a remedy, if it can't be reached then it would go to court.

As for court costs, most of these types of cases would fall under the small claims umbrella, so costs would only be the cost to bring the case, not having to pay the defendants costs etc.

KeithP

OlliesDad wrote: »

But if they can prove that it will cost them nothing at all to get it repaired, that would be the cheapest option.

Oh dear OlliesDad. I'm sure you meant to say...

...that would be the [STRIKE]cheapest[/STRIKE] disproportionate option.