Replacement promised, but nothing sent

RickJ

A supplier has agreed to replace a part under warranty, but that was 2 months ago. They say they're "having difficulty getting stock". What are my rights?

It's a Halo Capsule cordless vacuum cleaner, supplied by the manufacturer. Has a 2-year warranty, but a week short of the expiry date the machine's battery failed. The battery is not replaceable, so after an email exchange describing symptoms etc. they agreed that they'd send a replacement main unit.

Nothing has arrived, and when I chase them they say they are having difficulty getting stock in. This is likely true as their web site says new orders will be delivered by end of October. However, I'm stuck without a vacuum cleaner.

Can I demand a refund as they are not honouring their promise to replace?

eskbanker

RickJ said:

A supplier has agreed to replace a part under warranty, but that was 2 months ago. They say they're "having difficulty getting stock". What are my rights?

If you're claiming under the warranty, then your rights are governed by the terms of that agreement, so you'd need to check the small print to establish what options, if any, you have in this situation.

Alternatively, if you wanted to pursue them under your wider consumer rights, then that would entail trying to prove (via an independent inspection) that the product was faulty when manufactured - the company would still have the option to repair or replace it rather than refund (and any refund would be adjusted to reflect the amount of use it's had), but would be legally obliged to "do so within a reasonable time and without significant inconvenience to the consumer".  These terms aren't defined though....

RickJ said:

Can I demand a refund as they are not honouring their promise to replace?

They're presumably going to honour that once in a position to do so though?

Alderbank

Interesting one.

They have agreed to replace under warranty but say they are having difficulty getting stock and you agree that is likely. So I think it is a little unfair to say they are not honouring their promise to replace.

You have agreed to a replacement. Under the Consumer Rights Act they must supply the replacement within a reasonable time and without significant inconvenience to you. What would that be? It's open to debate.
Do you have asthma? Have you got a very shaggy dog? Might make a difference.

You can ask for a refund if the replacement does not appear but again you have to allow them a reasonable time.

In the real world your only recourse if they don't or can't replace or refund is to send a letter before action then start a small claims court action. This will cost you fees and with the present backlog will take at least a year to be heard. Long before then, they will have sent you a new unit as promised from their new stocks of batteries from the manufacturer in China or wherever.

Could you still claim? You would have to be able to prove that they had acted unreasonably and therefore you had  incurred unavoidable costs, perhaps by getting a contract cleaner in weekly with her own vacuum cleaner. Save the receipts.

TELLIT01

It is often a case of "repair/replace/refund" and the choice initially is the vendors when beyond the initial 6 months.  I would be inclined to write/e-mail them giving a deadline for them to replace and if they can't fulfil that stick out for a refund.  Do bear in mind that the refund may not be for the initial cost of the vacuum as you have had 2 years use out of it.

Alderbank

TELLIT01 said:

It is often a case of "repair/replace/refund" and the choice initially is the vendors when beyond the initial 6 months.  I would be inclined to write/e-mail them giving a deadline for them to replace and if they can't fulfil that stick out for a refund.  Do bear in mind that the refund may not be for the initial cost of the vacuum as you have had 2 years use out of it.

On their website they make the overt claim that the device should last ten years, which is unusual and useful.

However they temper that by saying that the Li-Ion battery unit will quickly wear out and is a disposable component not covered by warranty.
Remember that this battery, the same as the one in your phone, discharges from full to empty in ten minutes on full power mode, so it takes quite a battering.

They say the machine should be returned to them every two or three years for a 'Halo Refresh' during which they check it over and return it to you fitted with a new battery. They compare this to your car going for its regular service.

Hence at this stage they might claim that everything except the Li-Ion battery is working OK so they are not obliged to refund but they have promised to replace the battery as soon as they have stock.

The clear comparison is with your new car. After 12 or 24 months you are expected to take it for service to check everything over and to replace parts such as brake pads which wear out. Could you go back to the dealer and say 'My brake pads are wearing out - under CRA2015 I would like a refund for the car'?