Faulty repair

greenplants14

I bought a car seat from a retailer in January. It developed a fault and was repaired in June.
However, the same fault has now developed. I have had the item for 6 months and 3 days.

does the right to refund within 6 months reapply from the repair date, or stay at the January date?

Thank you

Ergates

The timescales of your rights go from time of purchase and don't reset following action (repair/replacement).  However, your right to refund/repair/replacement doesn't end at 6 months.  It's just that after 6 months, the retailer *can* ask that you provide proof that the fault in inherent (e.g. due to faulty manufacturing or design) rather than as a result of something you've done.   (Before 6 months, they should assume the fault is inherent)

Given they've already repaired it once and the same fault has occurred then they *may* take this as evidence the fault is inherent.

Under the legislation, the retailer is entitled to one attempt at repair/replacement - which they have now had.  You can, if you choose, insist on a refund.  You can also choose to allow them further attempts at repair.   

After 6 months, they will be entitled to reduce any refund based on the time you've had the item - this reduction should be reasonable and based on the expected lifespan of the item.

greenplants14

Hi Ergates,
thank you for this very helpful information

I think they key but is whether the fault is inherent or not. I believe it must be, as it first presented at approximately 4 months. It was repaired and the same fault has occurred again. I’ve have been through manuals, videos etc and I really don’t think I have misused or incorrectly installed the seat.

However, the manufacturer is saying that as they replaced part of the unit during repair, and the replacement has broken that it must be my fault. They’re saying I need to provide proof I haven’t misused it. 

I have no idea how on Earth I would go about doing this and it feels unfair that I should provide the proof. If it failed first at 4 months should they not provide the proof?

I feel like I’m going to be hugely out of pocket for something that isn’t my fault.

Thanks for any advice,
(Removed by Forum Team)

the_lunatic_is_in_my_head

greenplants14 said:

I think they key but is whether the fault is inherent or not. 

The CRA deals with goods not conforming to the contract in various categories, one of which is durability so if something falls apart after x time but before it's time that "fault" has always been "inherent" in that the lack of durability was present at the time of delivery.

The 3 days are most unfortunate, what brand is OP? Do they have any social media, might prompt a more customer friendly response from them.

Beyond that I'm not sure who would inspect a car seat to determine what is wrong with it but as it is past 6 months burden of proof lies with yourself.

To confirm that 6 months is from the day of delivery, not the day of ordering if that makes any difference? 

Worth noting rights lie with the company you purchased from rather than the manufacturer (unless one and the same) so if you didn't buy from the manufacturer you chase the retailer to resolve the problem.  

Grumpy_chap

the_lunatic_is_in_my_head said:

To confirm that 6 months is from the day of delivery, not the day of ordering if that makes any difference? 

I think the OP must be referring to 6 months from day of delivery and not ordering, given the OP posted on 1st August and stated:

greenplants14 said:

I bought a car seat from a retailer in January. 

Unless they are calculating the 6 months and 3 days with a deduction for the time the car seat was in for repair.  AIUI, the timescales do not work in that way.

It would be helpful to have a bit further information on what the nature of the fault is and what was repaired.  Also, which specific car seat?  There may be others with similar faults arising and that would be identifiable via social media.