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Item fauly on delivery but supplier wants me to get a manufacturer fault ref?

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  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Part 1 of Schedule 2 states that the following may be unfair:
    (17) A term which has the object of effect of … making the trader’s
    commitments subject to compliance with a particular formality.

    When you go back to the retailer, remind them that your consumer rights (and therefore their legal obligations) cannot be made subject to compliance with a formality and any attempt to do so would likely be a breach under the consumer protection from unfair trading regulations.

    Attempting to mislead, restrict or remove a consumers statutory rights can amount to a criminal offence.

    Keep it simple and remain polite but firm.

    Your rights are:
    Within 30 days of receiving the goods, you can reject them for a full refund if they don't conform to contract.
    After 30 days, the retailer has the right to repair or replace the goods. If the repair/replacement fails to bring the goods back within conformity of the contract or cannot be enacted without causing significant inconvenience or within a reasonable time then you can again insist on a refund. In most circumstances they cannot reduce the refund within the first 6 months (there are exceptions - like for motor vehicles). Within the first 6 months, any faults found are presumed to be inherent and its for the retailer to prove otherwise (after 6 months the burden of proof reverses and its for the consumer to prove it is inherent).
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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