Retailer wants money up front before exchanging faulty item

mathewkentpega

Hi

I bought an Altech shower pump from the Abingdon branch of Graham The Plumbers' Merchant in May 2017. It developed a fault this week which resulted in it blowing two fuses in my house. I called an electrician who replaced the two fuses and initially it started working again but not as it should. I tried to have a shower this morning and it blew the fuses again. I called the Abingdon branch of Graham The Plumbers' Merchant this morning to ask about exchanging it for a new one and they should that I would need to pay for a new one whilst they send it off to the manufacturers for a diagnosis. Apparently it could take a couple of weeks and they said there is no guarantee that they will find fault with it.

Is it right that I should have to pay another £150 up front for a replacement of a faulty product that is 6 months old and that I've got no guarantees about getting a refund on if the manufacturer doesn't find a problem with it?! It seems that Graham The Plumbers' Merchant don't want to give me a free replacement if the manufacturer turns round and says that there isn't a mechanical problem with it.

I want to go into the branch on Monday morning and have a F2F conversation with the manager but can anyone clarify my rights in this situation and advise what I should do?

Many thanks!

neilmcl

Exactly when did you purchase it? If it was less then 6 months then the onus on the seller to prove that it has an inherent manufacturing fault, over this then the onus is on you. Either way they are entitled to ascertain what the fault is, and/or whether a fault actually exists with the unit before providing you with a remedy.

mathewkentpega

I’ve got the receipt and I purchased it on 5th May 2017 so I’ve had it for over 6 months.

Are you saying that because of this the retailer doesn’t have to give me a replacement free of charge?! Thy said they would send it off to the manufacturer to confirm whether or not there is a fault. Naturally this could take weeks and they might turn around and say that the unit is fine and I have now way to say whether or not they’re lying.

neilmcl

mathewkentpega wrote: »

I’ve got the receipt and I purchased it on 5th May 2017 so I’ve had it for over 6 months.

Are you saying that because of this the retailer doesn’t have to give me a replacement free of charge?! Thy said they would send it off to the manufacturer to confirm whether or not there is a fault. Naturally this could take weeks and they might turn around and say that the unit is fine and I have now way to say whether or not they’re lying.

No, I'm saying that they are entitled to check that a fault exists and only then if the fault is inherent to manufacture will you be entitled to a remedy such as a replacement or refund etc. Strictly speaking, as it's now over 6 months, they could've insisted that you go away and prove the part has a manufacturing fault before doing anything.

powerful_Rogue

mathewkentpega wrote: »

I’ve got the receipt and I purchased it on 5th May 2017 so I’ve had it for over 6 months.

Are you saying that because of this the retailer doesn’t have to give me a replacement free of charge?! Thy said they would send it off to the manufacturer to confirm whether or not there is a fault. Naturally this could take weeks and they might turn around and say that the unit is fine and I have now way to say whether or not they’re lying.

Yup. As it's over 6 months, technically the onus is on you to prove the fault is an inherent one. You could always commission on own report and if it finds in your favour then Grahams will have to refund the report along with a repair/replacement or refund. Of course, double check with them first before you do get a report.

George_Michael

mathewkentpega wrote: »

I’ve got the receipt and I purchased it on 5th May 2017 so I’ve had it for over 6 months.

Are you saying that because of this the retailer doesn’t have to give me a replacement free of charge?!.

Even if the report does state that the unit has failed due to a manufacturing defect, then if the seller is providing a remedy under their legal obligations then they can opt to have the pump repaired, they could replace it with a new or reconditioned pump or they could decide to refund you.
If they refund, they are entitled to make a deduction from the refund to cover the 6 months use you have had from the pump.

Why not contact the manufacturer directly and ask about a warranty replacement as they may well have a far quicker turnaround that the seller.

pinkshoes

Let them send it away for testing and do without a shower for a couple of weeks?

(Then if they find it faulty they can send you a new one...)

stuartJo1989

mathewkentpega wrote: »

they might turn around and say that the unit is fine and I have now way to say whether or not they’re lying.

The manufacturer would commission a report. Why would they feel the need to "lie" when they have zero liability for fixing your issue (the retailer has this liability)?

Besides, if you do not agree with the manufacturer's fault report then you are more than welcome to go on and commission your own from an independent engineer/repair shop etc. But bear in mind that, if the manufacturer says that no fault exists, you will probably be disappointed (unless a fake report is commissioned for you).

KeithP

What did the electrician say when you asked him why the fuses had blown?

You say two fuses blew.
That in itself is unusual.

Altarf

If a credit card was used to pay for the shower, this is an ideal time to make a s75 claim, as there is no way the credit card company is going to mess around sending it off for reports.

shaun_from_Africa

Altarf wrote: »

If a credit card was used to pay for the shower, this is an ideal time to make a s75 claim, as there is no way the credit card company is going to mess around sending it off for reports.

Do you honestly think that any credit card company is simply going to hand over £100+ of their own money without any proof whatsoever that the item is actually faulty?

If it was this easy, there would be many people putting in S75 claims to get a bit of extra money when times were hard.