Repair or Replace

fugglestick

Hi all, I wonder if anyone can guide on this please.

I just bought a machine for my workshop, under £100. When it arrived it had a continental 2 pin plug on it, which I removed and replaced with a 3 pin.

On running the machine it was clearly faulty and not working properly.

I contacted the seller and asked them to replace it. I returned it to them at my expense.

They have offered to repair it, and require carriage charge of £9 to do so. It is about 1 week since I bought it, but they tell me because I replaced the plug the warranty is void. My argument being, how can I use it in the UK with a 2 pin plug.

I am happy for them to replace it, [I don't want it repaired as its so new] and expect them to pay carriage. Or do I just ask for a full refund.
Any guidance here please?
Thanks

flashg67

Don't know if this relevant, but seems to me it shouldn't be sold in the UK with a 2 pin plug (exemptions excepted)
http://www.norfolk.gov.uk/view/ncc048437

esuhl

Under the Sale of Goods Act (SoGA), you can reject a faulty item if you advise the seller with a "reasonable" amount if time (i.e. a week or two... the Law Society is currently arguing that this should officially be 30 days...).

I'm not sure whether you can claim a refund for the postage, however... I suspect you are, but can't find anything to back that up.

And (as above), it's illegal to supply most electrical appliances with a 2-pin plug, and I think a court would see it as quite understandable to cut it off and replace it with a suitable plug. They've said that this voids the warranty, but you don't want to claim under the warranty; you want to claim under the SoGA.

You should push for a full refund.

fugglestick

Brilliant. Thanks guys, really appreciate that advice. I will send them the link from Trading standards and see what happens.

Norman_Castle

You can claim return postage for faulty goods.

buglawton

Put a nice 2 pin plug back on the lead and say nothing.

wealdroam

esuhl wrote: »

Under the Sale of Goods Act (SoGA), you can reject a faulty item if you advise the seller with a "reasonable" amount if time (i.e. a week or two... the Law Society is currently arguing that this should officially be 30 days...).

I'm not sure whether you can claim a refund for the postage, however... I suspect you are, but can't find anything to back that up.

If the OP made the purchase as a consumer, then Section 48B of SoGA applies.
It says, amongst other things:

(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).