Claiming Costs for Install & Removal to Return Faulty Goods

counting_down_the_days...

What did you buy? http://solarimmersion.co.uk/ - A thing to heat my hot water from solar PV

When did you buy it? 7/4/13

Where from? internet

How did you pay? Paypal, then paypal took from my credit card

What went wrong? It stopped working - no longer heats the hot water!

What are the vendors telling you? I've to return it at my cost and they will repair. After discussion they have agreed to refund if the unit is faulty, they are trying to say it hasn't been installed correctly, even though it did work but has stopped, but they will only refund the cost of the unit, not p&p or return p&p.

I also had to pay an electrician to install it & will have to pay someone to remove it, neither or these charges will be refunded.

What solution or remedy are you looking for? (Companies may Repair / Refund / Replace) I would like full refund of all my costs. (£249 for the unit, £9 P&P, £45 electrician to install, £x for it to be removed & £x for it to be returned) I would have taken a repair, however, I'm going to have to pay to have the unit removed & then reinstalled.

They also emailed out advising of a delay in the units being dispatched and CC'd everyone in, so I have discovered there are several problems with the units and there is at least one other person with the same issue as mine. I therefore have no faith in a repair and don't want to have extra cost when the same thing could happen.

I'm not sure whether to return the unit then argue the additional costs or try to get them to pay for the removal to return it :huh: Any thoughts? Thanks

withabix

You cannot claim for removal and installation costs unless the supplier carried out the installation.

vaio

depends....if it's a warranty claim then the warrenty terms will say whether will be covered for removal and other consequential costs.

If it's a Sale of Goods issue (which it should be after only a month) then you can reclaim all consequential costs. You will have a struggle though and might well have to use the small claims system

Slowhand

withabix wrote: »

You cannot claim for removal and installation costs unless the supplier carried out the installation.

Really? I didn't know that.

arcon5

withabix wrote: »

You cannot claim for removal and installation costs unless the supplier carried out the installation.

Why not?

If some think it's okay to claim for lost days work when couriers deliver late, whys it not okay to reclaim these costs?

withabix

arcon5 wrote: »

Why not?

If some think it's okay to claim for lost days work when couriers deliver late, whys it not okay to reclaim these costs?

Because SOGA doesn't give you this right, unless the supplier also installed it.

counting_down_the_days...

Thanks. So should I pay to have it removed and return it for hopefully a refund of the unit cost. Then if need be pursue the consequential losses after? Or should I pursue them to arrange removal for me to return it?

wealdroam

withabix wrote: »

Because SOGA doesn't give you this right, unless the supplier also installed it.

Section 48B of the Sale of Goods Act says:

(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

Surely removal and re-installation is a necessary cost?

counting_down_the_days...

wealdroam wrote: »

Section 48B of the Sale of Goods Act says:

Surely removal and re-installation is a necessary cost?

Yes, thank you!

So what would you do in my situation? I need to return the item for a refund, but do I pursue the additional costs before or after returning it?

Thank you