Can I ask for installation costs to be refunded?

atprice

I bought an outside lamp and when it was fixed to the wall you could see that the base was straight but the lantern attached to it was leaning to the left. After a few fairly friendly emails where the supplier had tried to tell me how to twist it into shape, it became clear there was now way it was going to straighten up. He's offered to replace the lamp and the cost of returning it (2nd class only). I asked if he would also refund the cost of the lamp as, having already had the electrician install it, I now have to call him back out to remove the lamp and then again to install the replacement. The cost of the lamp is only £35 and wouldn't cover my out-of-pocket expenses for the electrician, but he said that "we only supply the lights and can’t bear the cost for installation". As the lamp is faulty I say they owe me the additional costs. Am I right?

wealdroam

atprice wrote: »

I bought an outside lamp and when it was fixed to the wall you could see that the base was straight but the lantern attached to it was leaning to the left. After a few fairly friendly emails where the supplier had tried to tell me how to twist it into shape, it became clear there was now way it was going to straighten up. He's offered to replace the lamp and the cost of returning it (2nd class only). I asked if he would also refund the cost of the lamp as, having already had the electrician install it, I now have to call him back out to remove the lamp and then again to install the replacement. The cost of the lamp is only £35 and wouldn't cover my out-of-pocket expenses for the electrician, but he said that "we only supply the lights and can’t bear the cost for installation". As the lamp is faulty I say they owe me the additional costs. Am I right?

Having agreed that the lamp is inherently faulty and should be replaced, the seller needs to cover all costs of supplying the remedy.

Section 48B of The Sale of Goods Act says (amongst other things):

48B Repair or replacement of the goods
 
(1) If section 48A above applies, the buyer may require the seller—
(a) to repair the goods, or
(b) to replace the goods.

(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).

Para (2)(b) is the bit you need.

However, removing and replacing an identical fitting is unlikely to be as expensive as the original installation. For example, no holes will need drilling or cables run.
I would go as far as to suggest it is a simple diy or handyman job.

atprice

You star! Thanks very much for that. Common sense said I was right but now that you've given me the legislation that's perfect. Cheers :beer:

wealdroam

atprice wrote: »

You star! Thanks very much for that. Common sense said I was right but now that you've given me the legislation that's perfect. Cheers :beer:

Please read the last sentence that I have just added.

bris

atprice wrote: »

You star! Thanks very much for that. Common sense said I was right but now that you've given me the legislation that's perfect. Cheers :beer:

Getting him to agree is a different matter.

atprice

wealdroam wrote: »

However, removing and replacing an identical fitting is unlikely to be as expensive as the original installation. For example, no holes will need drilling or cables run.
I would go as far as to suggest it is a simple diy or handyman job.

Agreed. However, as it's an outside lamp and it's on the same fuse circuit as my downstairs lights, I'd feel safer getting an electrician to do it...unless someone can tell me how I can keep the wiring isolated until the replacement turns up?

London50

I would pull the main light fuse disconnect the lamp then wrap each single wire that goes to the lamp with electrician tape or get one of the electrical block connectors threading each wire into separate holes wrap electrical tape round the whole lot and place into a plastic bag sealed to stop moisture getting in then reverse the job to fit the new one when it arrives.
OK I am no electrician but I have done it in the past without any problems.

atprice

Would that definitely be safe? I have no choice but to switch the circuit back on for the downstairs lights and I'm petrified of electrocuting myself (or someone else!) if it rains.

London50

Yes it would be safe as long as your wires are covered that is why I said {being the time of year} to put into a plastic bag sealed. I have done it myself a number of times over the years and both my family and myself are still around to tell the tale :0)

London50

You will more than likely find when you disconnect in from the wall it will have either two or more than likely 3 wires {live/nutural/earth as long as two bare wires do not touch together there is no way you can get a shock off it all you need to do is follow my first post and you will be fine :0)

atprice

Cheers. Think I'll give it a go. Keep your fingers crossed!