Recovering costs of integrated appliance installation when goods supplied are defective
Right to repair or replacement
(1)This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)).
(2)If the consumer requires the trader to repair or replace the goods, the trader must—
(a)do so within a reasonable time and without significant inconvenience to the consumer, and
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
I also referred the supplier to a European Court of Justice decision that clarified that where goods are installed by the consumer before the defect becomes apparent, the retailer will be responsible for bearing the cost of removing the defective goods and installing the replacements. This obligation on the retailer will arise even where the consumer, rather than the retailer, installed the original defective product.
but this case pre-dates the Consumer Rights Act by a few years, albeit the previous consumer legislation had broadly similar wording to the 2015 Act.
I believe John Lewis should meet the cost of removing the defective appliance and installing the new one. For this not to be the case I would have to meet the costs of installation twice plus the cost of removing the defective machine. It is clear that a fully integrated dishwasher cannot be tested until it is installed and therefore the possibility consequential losses of having to replace arising if faulty goods are supplied can be reasonable foreseen.
Does anybody have a view or experience as to how this is likely to play out?