Fault Reoccured After 6 months

sjohnst

I bought a new Sage Barista Express Coffee machine directly from Sage in Oct 2022.
Three months later I raised a case with them as there was a fault with the machine pouring water outside the coffee basket.  This was duly fixed with an engineer fix.

9th June I opened another case as there is water leaking inside the coffee machine and the same fault as previously fixed has re-occurred.

Sage are insisting the machine is sent back to them to be fixed, whilst also quoting they have no legal obligation to do so. 

Given the same fault has occurred that happened after three months, and another fault has occurred, I have asked for a refund as I do not believe the machine build is fit for purpose.

My stance is that they have had the opportunity to repair it once (within the first six months) , the same fault has occurred again, therefore the issue was there when new.

Have I understood my rights correctly a I can't find anything about a fault reoccurring after six months?

Thanks for any help or insight

Steve

screech_78

Yes, as a previous repair has failed, you can now reject the item. They do of course, have the right to verify the fault first. 

And as it’s more than 6 months from purchase, you’re not entitled to a full refund. They can now deduct for usage. 

Okell

sjohnst said:

... Sage are insisting the machine is sent back to them to be fixed, whilst also quoting they have no legal obligation to do so. 

Given the same fault has occurred that happened after three months, and another fault has occurred, I have asked for a refund as I do not believe the machine build is fit for purpose...

@screech_78 is correct and Sage are wrong.

After one failed repair attempt you are entitled to a refund and Sage cannot insist on a further repair.  But after six months Sage are entitled to reduce your refund to reflect the usage you've had from the machine.

Did you make it 100% clear to Sage that you were exercising your right to a refund under s24(5)(a) of the Consumer Rights Act 2015 (legislation.gov.uk)?

"24  Right to price reduction or final right to reject

... (5) A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a) after one repair or one replacement, the goods do not conform to the contract;"

sjohnst

Brilliant, thanks, appreciate your time, I think I'll have more luck being able to quote the relevant Consumer Act,  Thanks. Steve