Rejecting faulty goods
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miserable_ol_so_n_so
Posts: 496 Forumite
Please can someone clarify the following for me. I am sure my question must have been answered many times in the past, but I need a quick answer and my search skills on here are not brilliant. My plight is:
I ordered a dishwasher. It arrived last Wed. I tried it 3 times and it worked. The next day, Thursday, the day after delivery, I set it to work and it failed!
I contacted the supplier and informed them that the unit is faulty and I am willing to accept a replacement or a full refund. After going through their procedure to reset the unit and retrying, it failed. I informed them that I am rejecting the goods. They said they will need to send a manufacturers engineer to confirm it is faulty before they comply with my wishes.
This will not be until next week, which is too long for me to wait. I am confident in my diagnosis that it is faulty and am prepared to go to small claims court if necessary.
My question is: Do I have to wait for their diagnosis? Indeed, am I required by law to wait for this before taking action?
I am elderly with musculo/skeletal issues, my wife too has similar health issues and it is very difficult for us to washup. That is why I bought the dishwasher in the first place! I am quite prepared to order another one, same model, even from the same supplier and have it in place tomorrow. Then take the necessary action.
If I do so, naturally the burden of proof falls on me. I am completely satisfied that the unit is faulty. I am a retired electronics engineer and have used dishwashers for over 42 years.
Am I being thoroughly unreasonable here by not waiting about for days and days, standing at the sink for hours every day waiting for an engineer?
I am perfectly prepared to go to the small claims court and prove it is indeed faulty.
In short, if I say the goods are faulty do I have to permit the supplier to inspect them before taking action?
I ordered a dishwasher. It arrived last Wed. I tried it 3 times and it worked. The next day, Thursday, the day after delivery, I set it to work and it failed!
I contacted the supplier and informed them that the unit is faulty and I am willing to accept a replacement or a full refund. After going through their procedure to reset the unit and retrying, it failed. I informed them that I am rejecting the goods. They said they will need to send a manufacturers engineer to confirm it is faulty before they comply with my wishes.
This will not be until next week, which is too long for me to wait. I am confident in my diagnosis that it is faulty and am prepared to go to small claims court if necessary.
My question is: Do I have to wait for their diagnosis? Indeed, am I required by law to wait for this before taking action?
I am elderly with musculo/skeletal issues, my wife too has similar health issues and it is very difficult for us to washup. That is why I bought the dishwasher in the first place! I am quite prepared to order another one, same model, even from the same supplier and have it in place tomorrow. Then take the necessary action.
If I do so, naturally the burden of proof falls on me. I am completely satisfied that the unit is faulty. I am a retired electronics engineer and have used dishwashers for over 42 years.
Am I being thoroughly unreasonable here by not waiting about for days and days, standing at the sink for hours every day waiting for an engineer?
I am perfectly prepared to go to the small claims court and prove it is indeed faulty.
In short, if I say the goods are faulty do I have to permit the supplier to inspect them before taking action?
....Illegitimi non carborundum
...don't let the illegitimate ones grind you down....
...don't let the illegitimate ones grind you down....
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miserable_ol_so_n_so wrote: »Please can someone clarify the following for me. I am sure my question must have been answered many times in the past, but I need a quick answer and my search skills on here are not brilliant. My plight is:
I ordered a dishwasher. It arrived last Wed. I tried it 3 times and it worked. The next day, Thursday, the day after delivery, I set it to work and it failed!
I contacted the supplier and informed them that the unit is faulty and I am willing to accept a replacement or a full refund. After going through their procedure to reset the unit and retrying, it failed. I informed them that I am rejecting the goods. They said they will need to send a manufacturers engineer to confirm it is faulty before they comply with my wishes.
This will not be until next week, which is too long for me to wait. I am confident in my diagnosis that it is faulty and am prepared to go to small claims court if necessary.
My question is: Do I have to wait for their diagnosis? Indeed, am I required by law to wait for this before taking action?
I am elderly with musculo/skeletal issues, my wife too has similar health issues and it is very difficult for us to washup. That is why I bought the dishwasher in the first place! I am quite prepared to order another one, same model, even from the same supplier and have it in place tomorrow. Then take the necessary action.
If I do so, naturally the burden of proof falls on me. I am completely satisfied that the unit is faulty. I am a retired electronics engineer and have used dishwashers for over 42 years.
Am I being thoroughly unreasonable here by not waiting about for days and days, standing at the sink for hours every day waiting for an engineer?
I am perfectly prepared to go to the small claims court and prove it is indeed faulty.
In short, if I say the goods are faulty do I have to permit the supplier to inspect them before taking action?
Is this a commercial enterprise?0 -
Is this a commercial enterprise?
Thank you Bantex for your interest.
In answer to your question, yes it is. The supplier is a high street chain. I purchased it on-line using my Barclaycard.....Illegitimi non carborundum
...don't let the illegitimate ones grind you down....0 -
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What did you have before this dishwasher?0
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miserable_ol_so_n_so wrote: »Is this a commercial enterprise?
Thank you Bantex for your interest.
In answer to your question, yes it is. The supplier is a high street chain. I purchased it on-line using my Barclaycard.
I think Bantex was suggesting that if you are washing up for 6 hours a day then perhaps you are running a commercial enterprise, as most of us wouldn't spend much more than 15 minutes a day washing up - a slightly humorous response that apparently completely missed the mark with you.0 -
miserable_ol_so_n_so wrote: »Thank you Bantex for your interest.
In answer to your question, yes it is. The supplier is a high street chain. I purchased it on-line using my Barclaycard.
So you were acting in the course of a business/as a trader when you purchased the item? Or was it for your own private household use?You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
When was the dishwasher delivered, was it this week Wednesday 20th or last week Wednesday 13th?0
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unholyangel wrote: »So you were acting in the course of a business/as a trader when you purchased the item? Or was it for your own private household use?
Misunderstanding here. I am a private individual not acting in the course of any trade or business. using the item in my own home for domestic puposes.....Illegitimi non carborundum
...don't let the illegitimate ones grind you down....0
This discussion has been closed.
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