Faulty Goods within 6 Months

erowlands

Hello,

Just seeking some informed help.

A piece of gym equipment has developed a fault within the first 6 months. Actually, the fault was likely there from day one - I just never used that particular setting and therefore never encountered it.

I understand that under the Consumer Rights Act, after the first 30 days of purchase, I must allow the retailer one attempt at repair or replacement. With that in mind, my question is this: the retailer has agreed to send a replacement part which will be delivered on Friday. They have also agreed to send out an engineer which will take a whopping 10 working days (not surprised by the delay, being realistic) - let's say the replacement part doesn't resolve the fault, can I 'count' this as the first attempt at replacement/repair and therefore request a refund under the Consumer Rights Act? Or do I have to wait until the engineer visit, even though that's technically the second point of intervention, happening at least 8 working days after the replacement parts?

Thank you!

erowlands

Worth clarifying - the replacement part is to be fitted by me, not the engineer.

Manxman_in_exile

erowlands wrote: »

Worth clarifying - the replacement part is to be fitted by me, not the engineer.

Then why the engineer?

erowlands

Very good question/point. It's because over the phone the tech support person said he'd send out replacement parts - I then (foolishly, in hindsight, because I want a refund) proceeded to say, "OK, send out the parts but if they don't resolve the fault then I will take this as the first attempt at replacement/repair and under the CRA I will claim a refund.." - he hummed and hah'd and spoke to his manager who then said they will send out the parts, but also an engineer to try to resolve it as well.

Clearly - I want a refund, and I'm not ashamed to admit it. The item in question is a power rack, and I don't trust it under heavy weights now, so I was a fool to mention the CRA in the first instance. I'm just not sure how it works now.

*Edit I know my trust or lack thereof is beside the point and has no bearing on the CRA. I just wanted to explain why I don't want a repair/replacement as a flawed power rack could cause serious injury or worse.

bris

They simply don't trust you now, you showed your hand as they say.


They will now send the engineer to fix it because they want it done right, which they are entitled to do.


Don't be surprised if you are also marked on their system now as a potential problem further down the line. They may be suspicious if it develops a further fault, especially if the equipment in question has a good track record.


Have you googled the product for any reported issues? It's usual for a bad product to have lots of reviews.

erowlands

Thanks for your input. You're probably right, oh well - if they fix it that's fine, but some buyer's remorse has made me biassed towards a total refund for the fault.

It has good reviews - it's a new 2019 model for what that might be worth.

Thanks.

unholyangel

(6)There has been a repair or replacement for the purposes of subsection (5)(a) if—
(a)the consumer has requested or agreed to repair or replacement of the goods (whether in relation to one fault or more than one), and
(b)the trader has delivered goods to the consumer, or made goods available to the consumer, in response to the request or agreement.

(7)For the purposes of subsection (6) goods that the trader arranges to repair at the consumer’s premises are made available when the trader indicates that the repairs are finished.

From the CRA

erowlands

"(b)the trader has delivered goods to the consumer, or made goods available to the consumer, in response to the request or agreement."

Great!! Thank you.

Manxman_in_exile

What part of the rack has failed? Is it potentially dangerous?


I'm not surprised they want an engineer to look at it. I think you'd be daft to try to do it yourself.

unholyangel

erowlands wrote: »

"(b)the trader has delivered goods to the consumer, or made goods available to the consumer, in response to the request or agreement."

Great!! Thank you.

Just want to make sure there's no confusion since you've quoted that one particular piece rather than section 7.

Them delivering a part does not mean a repair has been completed. They are being repaired at your house I presume so the repair will be complete when they inform you its fixed - this may be over several visits unfortunately.

erowlands

unholyangel wrote: »

Just want to make sure there's no confusion since you've quoted that one particular piece rather than section 7.

Them delivering a part does not mean a repair has been completed. They are being repaired at your house I presume so the repair will be complete when they inform you its fixed - this may be over several visits unfortunately.

Sorry I missed this. Thanks for the insight, that makes sense (Grrr).