faulty lit mirror claim

wallofbeans

Hi All,

I've owned this expensive mirror with built in lighting for only a few weeks, the sensor you swipe to turn it off and on has been faulty since day one -- and yesterday the seller/manufacturer admitted that there was an issue with a number of these mirrors and are sending a replacement in the next week or two.

This is great. But my problem is that I paid an electrician to install the mirror once, and now I am going to have to do that again. The only reason I am having to pay for this twice is because the mirror was faulty. I asked them to cover the cost of this, saying I can send them the invoice from the electrician.

But they have refused, saying "We do not cover the cost of installation. Our responsibilty is to ensure we supply you with a work product." It's true, they aren't responsible for installation, but I think they should be responsible for reinstallation if the product is faulty and needs to be replaced.

Does anyone have advice on what I can do here? Am I right in thinking this way?

Thanks,

Aylesbury_Duck

As I understand it, they are liable for the consequential cost you will incur in disconnecting the old unit and connecting the new one.  You do have a duty to minimise your costs, so a fair question is: does this work require an electrician, or can it be done lawfully and safely by a DIYer?

DullGreyGuy

The other question that needs to be considered is if it was reasonable to install it before testing it worked given you say it was faulty from the get go

TELLIT01

DullGreyGuy said:

The other question that needs to be considered is if it was reasonable to install it before testing it worked given you say it was faulty from the get go

Assuming it is an item which needs to be installed by an electrician the OP couldn't know if it worked or not until it was installed

wallofbeans

Aylesbury_Duck said:

As I understand it, they are liable for the consequential cost you will incur in disconnecting the old unit and connecting the new one.  You do have a duty to minimise your costs, so a fair question is: does this work require an electrician, or can it be done lawfully and safely by a DIYer?

It does require wiring, and the instructions that come with it state "Electrician installation only. This product should only be installed by a qualified electrician in accordance with the current IEE wiring regulations"

wallofbeans

DullGreyGuy said:

The other question that needs to be considered is if it was reasonable to install it before testing it worked given you say it was faulty from the get go

As stated above, there was no way of testing before an electrcian fitted. On top of that, it seemed to work perfectly at 4pm on the day he fitted it. It was only first thing the next morning when the bright sunlight had triggered the sensor and the light was on, that I realised it was faulty. This is unlikely to have been realised even if I had been able to test it.

wallofbeans

the_lunatic_is_in_my_head said:

Comsumerhelpgenius said:

DanDare999 said:

You made it about compo. 

The OP said:  "but I think they should be responsible for reinstallation if the product is faulty and needs to be replaced."
Therefore , the topic is about compensation (the cost of reinstallation). Are you good at comprehension? 

The word "compensation" is typically used in a different context.

The CRA says:

https://www.legislation.gov.uk/ukpga/2015/15/section/23/enacted

(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). 

Step 1 is to avoid animosity and get the replacement sorted, once happy with that step 2 is to highlight the legislation to the retailer and hope they agree. Beyond that step 3 is letter before action followed by small claims. For step 3 I think the point raised by TELLIT01 is a good one, there is an obligation to mitigate (lessen) losses, if there was a way the average person could ensure the goods worked (say plugging it in) then this probably should have been done. If the mirror just come with a cable and needed to be wired in then that's a different situation (granted you could probably stick a plug on it and test it but I think that stretches too far given the general view is that people rightly shouldn't mess about with electrics). 

This is very helpful advice. Thank you!

Ectophile

wallofbeans said:

Aylesbury_Duck said:

As I understand it, they are liable for the consequential cost you will incur in disconnecting the old unit and connecting the new one.  You do have a duty to minimise your costs, so a fair question is: does this work require an electrician, or can it be done lawfully and safely by a DIYer?

It does require wiring, and the instructions that come with it state "Electrician instsllation only. This product should only be installed by a qualified electrician in accordance with the current IEE wiring regulations"

They haven't been called the "IEE Wiring Regulations" since 2011, which doesn't say much for the manufacturer's instructions.

If it's been installed once, swapping it over is likely to be a lot easier.

wallofbeans

Ectophile said:

wallofbeans said:

Aylesbury_Duck said:

As I understand it, they are liable for the consequential cost you will incur in disconnecting the old unit and connecting the new one.  You do have a duty to minimise your costs, so a fair question is: does this work require an electrician, or can it be done lawfully and safely by a DIYer?

It does require wiring, and the instructions that come with it state "Electrician instsllation only. This product should only be installed by a qualified electrician in accordance with the current IEE wiring regulations"

They haven't been called the "IEE Wiring Regulations" since 2011, which doesn't say much for the manufacturer's instructions.

If it's been installed once, swapping it over is likely to be a lot easier.

Based on my experience with this company so far (there was a month delay in delivery and now it is faulty), this doesn't surprise me at all!

And my electrician has today said that I should be able to do it and just advised that I turn all the power off in the house beforehand. I'd also take photos of where the wires are in the current mirror and then just match it when I swap them over.

I still think it's outrageous that they wouldn't offer to cover this cost, or come and exchange and fit the mirror themsleves. They've made a huge mess with this and have to deal with the concequences. 

Aylesbury_Duck

Whilst I'd be comfortable to do what's described, don't undertake the work unless you are confident you can do so correctly and safely.  The last thing you need is to electrically damage the new unit with a poor or incorrect connection, not to mention the safety risk.