Getting near the six month cut off

Clairabella

We had a new fire and fireplace fitted in April. The fire had to be 'run in' by burning for eight hours continuously which we did. The fumes were dreadful but we opened windows and persevered. Despite repeating this burn off several times, the smell is still there.

We bought the fire and fireplace from the same shop. The fitter came prior to the purchase to check the suitability of the fireplace. They arranged the fitter and time for which we paid an admin fee of £50. We then had to pay the fitters fee directly to him.

We reported the smell to the shop who contacted the fire's manufacturer. They sent a new front and seal which was fitted but still the smell persisted. The manufacturer sent an engineer who stripped down the fire then asked us to do another burn off. He stayed a while and the smell did seem better however it has still not gone. The manufacturer questioned our wall insulation and our flooring which we replaced with carpet to no avail. I have now contacted the shop a week ago and they are still waiting to hear from the manufacturer.

Please can someone advise where we go from here. I appreciate that we are getting nearer to six months and each time we contact them it takes them ages to reply. We don't have a paper trail other than the report from the manufacturer. Once six months is up is it then our responsibility to prove there is a fault even though we have already set the ball rolling?

agrinnall

Don't worry about 6 months, the clock stopped when you first reported the problem. You need to think about what remedy you want now and start being proactive with the seller rather then letting them drive the response.

Clairabella

Thanks Agrinnall. It's a relief that it doesn't have to be sorted by the six months deadline. I agree that we need to be more proactive but as none seems to know what is causing the smell it is difficult to push.

mo786uk

Go to this website, go to the bottom, click on the link under the FURTHER READING - it provides comprehensive guidance on the law
https://www.businesscompanion.info/en/quick-guides/goods/the-sale-and-supply-of-goods

In the first 6 months the onus is on the trader to prove it is not a manufacturing defect. You should aim therefore at the very least to get some sort of confirmation of that in writing.

You can then look at any remedy after that should the shop be unable to fix it.

Also as stated above, if the traders have already tried repairs it is kind of implicit they have accepted there is a fault.