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Supplier wants to charge 40% for delivering wrong product
bengasman
Posts: 601 Forumite
Short version of the story is:
I bought a replacement part by phone from a company advertising on the web, to replace a faulty one in a boiler. When I compared the new part with the old one, I noticed that an essential ( mechanical ) connection was different, and another essential ( electrical ) connection was absent.
The vendor advised me to make modifications to the part, which is illegal without written permission from the manufacturer. I contacted the manufacturer, who was not aware ( let alone gave permission ) of any alteration needed on the spare part.
The supplier said I could return the product, but would deduct 30% of the purchase price ( 20% admin and 10% for shipping costs ), and that the shipping comes for my account. On top of that, there was the condition that the part had to be free of faults ( as I could not fit it, I have no way of knowing. It also had to be unused. Both these conditions are obviously at their discretion and once I've sent the part back, it's gone.
Sum and total of the above is that I stand to lose 40% of the purchase price ( a little over £100 ), and so far have lost half a day due to this.
My questions are:
1 Is the supplier legally allowed to charge an admin fee for returning a product that does not fit?
2 Do both amounts of shipping come for my account?
3 Am I entitled to financial compensation for losing half a day due to their fault? I did give the exact specifications in fine detail, which could not have been misunderstood.
4 What is the legal term for supplying a part that does not fit? I know that a product that doesn't last anywhere near a reasonable time, is called “not fit for purpose”, and was wondering if this would be the same principle.
I bought a replacement part by phone from a company advertising on the web, to replace a faulty one in a boiler. When I compared the new part with the old one, I noticed that an essential ( mechanical ) connection was different, and another essential ( electrical ) connection was absent.
The vendor advised me to make modifications to the part, which is illegal without written permission from the manufacturer. I contacted the manufacturer, who was not aware ( let alone gave permission ) of any alteration needed on the spare part.
The supplier said I could return the product, but would deduct 30% of the purchase price ( 20% admin and 10% for shipping costs ), and that the shipping comes for my account. On top of that, there was the condition that the part had to be free of faults ( as I could not fit it, I have no way of knowing. It also had to be unused. Both these conditions are obviously at their discretion and once I've sent the part back, it's gone.
Sum and total of the above is that I stand to lose 40% of the purchase price ( a little over £100 ), and so far have lost half a day due to this.
My questions are:
1 Is the supplier legally allowed to charge an admin fee for returning a product that does not fit?
2 Do both amounts of shipping come for my account?
3 Am I entitled to financial compensation for losing half a day due to their fault? I did give the exact specifications in fine detail, which could not have been misunderstood.
4 What is the legal term for supplying a part that does not fit? I know that a product that doesn't last anywhere near a reasonable time, is called “not fit for purpose”, and was wondering if this would be the same principle.
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Comments
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Are you a 'business'?0
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Yes, sole trader.abbyscuito wrote: »Are you a 'business'?0 -
I suppose it depends on who is to blame for getting the wrong part. Did you ask for the part by part number or just, can I have a gas valve for a potterton xxx boiler. Although there are a lot of boilers who have the same model number, but because of age etc parts inside change. If you are sure you asked for the right part number and they sent something completely different then they should put you back to the position you were in before ordering. You may however have to fight them to make them understand this.
If however you just asked for a gas valve for a XXX boiler and thats what they sent you, you wouldn't have a leg to stand on.0 -
It is not a matter of getting the wrong part.I suppose it depends on who is to blame for getting the wrong part.
Boiler was identified correctly and part was identified correctly. The supplier insists that this is the correct part for the boiler.
2 valves for this boiler: the original one ( not available anymore ) and the current one that has superseded the original one. They have different partnumbers.
The supplier does not say it is the wrong valve, they say it has changed and "it is normal" for this model to make alterations to get it to work. I don't trust them, as I already caught him lying to me. Apart from that, it is illegal to modify gas appliances or their parts without written permission of the manufacturer, which is why I want to return the part and buy one from another ( more expensive ) supplier.0 -
This is exactly what i'm talking about, they have different part numbers for a reason, because they are different parts.. They have different partnumbers.
It's hard to say who is to blame, on one hand you should have made sure you ordered the correct part number, but on the other the supplier should have confirmed the part with you.
If he has given you the wrong info on a part to be modified but it can't be then he is clearly in the wrong.
Are you gas safe registered, my engineers have altered parts for domestic boilers in the past without problem. It's certainly not illegal to alter parts, it would be illegal however to leave it unsafe.0 -
This is exactly what i'm talking about, they have different part numbers for a reason, because they are different parts.
That is not the problem; the "old" part number one simply does not exist anymore; the manufacturer has changed the model. Similar to baxi 105 overheat stat or Suprima loom. Thread pitch on piezo connection is different too, and Baxi insist there is only one thread for ALL Puma tc's.
According to GSIUR 33.1c, it is illegal UNLESS you have WRITTEN permission from the manufacturer. Had a lengthy chat with GSR technical about it today, as well as some years ago with the dog; replies were virtually word for word the same from both.It's certainly not illegal to alter parts,
It probably isn't very strict on non-safety critical items e.g. isovalve, but this deals with gas valve connection and overheat stat connection. Either of them failing could cause big problem.0 -
I agree with Ben. You can't alter a part unless your specifically instructed to by the manufacturers.
Unfortunately, I don't know what the best course of action is for you though.
I'm sure as a sole trader, you've had this before with local suppliers and found they just change it with no fuss.
However, as you point out, if you send it back, they got you over a barrel really.
Maybe a (polite) phone call to them might help or possibly contact the management is all I can think of at the mo.
Having said that, there are some quite knowlegable people on here that may be able to help you out.
Good LuckYou have been reading.....another magnificent post by garethgas :beer:0 -
My first suggestion would be to consult your credit card issuer to discuss a charge back. Secondly, if this proves fruitless, the only other option is to pursue a case through the small claims court via MCOL.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0
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For future reference: I just received written confirmation that it is NOT allowed to make this kind of alteration to the product.... It's certainly not illegal to alter parts, it would be illegal however to leave it unsafe.
"Hi ben, thanks for the info,unfortunatly you cannot solder anything onto the valve as this changes modification...."
Quoted literally from the email sent by Potterton techincal department.0 -
Alas, payed by debit card.My first suggestion would be to consult your credit card issuer to discuss a charge back....
This seems to be the more likely outcome. The question is: what is the "legal" term upon which I build my claim?... the only other option is to pursue a case through the small claims court via MCOL.0
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