Faulty electric hob top. who pays the refit cost of faulty item?

locka

Recently brought a new electric hob top online from a company.  It arrived fine and was installed by a local electrician.  However the display on it is not functioning correctly.  After sending photos to the supplier they have a greed a replacement.  Which I have received today.

My issue is the new one will need to be installed again by an electrician as I'm not qualified to do this.  I have advised the supplier of this along with the amount it will cost to get installed.  However I've since had no response on the matter. 

Am right in expecting them to foot the bill since it there fault and nothing to do with me or fitter as it is an internal fault.  The item was paid for on my Amex credit card, just in case i had any issues.

HillStreetBlues

locka said:

Recently brought a new electric hob top online from a company.  It arrived fine and was installed by a local electrician.  However the display on it is not functioning correctly.  After sending photos to the supplier they have a greed a replacement.  Which I have received today.

My issue is the new one will need to be installed again by an electrician as I'm not qualified to do this.  I have advised the supplier of this along with the amount it will cost to get installed.  However I've since had no response on the matter. 

Am right in expecting them to foot the bill since it there fault and nothing to do with me or fitter as it is an internal fault.  The item was paid for on my Amex credit card, just in case i had any issues.

Yes you are entitled to recover the 2nd install under consequential loss, but getting what you're entitled too isn't always easy.
Did you pay for it on a credit card?

Alderbank

The actual wording of the relevant part of the Consumer Rights Act is in s23(2):

23 Right to repair or replacement...

   (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).

the_lunatic_is_in_my_head

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

(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).

As above did you pay on a credit card and if so was the hob more than £100, 

How much will it cost for your electrician to swap the hobs over OP? 

HillStreetBlues said:

locka said:

Recently brought a new electric hob top online from a company.  It arrived fine and was installed by a local electrician.  However the display on it is not functioning correctly.  After sending photos to the supplier they have a greed a replacement.  Which I have received today.

My issue is the new one will need to be installed again by an electrician as I'm not qualified to do this.  I have advised the supplier of this along with the amount it will cost to get installed.  However I've since had no response on the matter. 

Am right in expecting them to foot the bill since it there fault and nothing to do with me or fitter as it is an internal fault.  The item was paid for on my Amex credit card, just in case i had any issues.

Yes you are entitled to recover the 2nd install under consequential loss

From what I understand consequential losses (or indirect losses) are those that do not flow naturally from the breach as they are special circumstances which were not foreseeable or known at the time the contract was formed.

There is then direct losses which are foreseeable and able to be claimed as damages. 

I don't think OP needs to claim a loss, rather seek an entitlement under the CRA but @A_Geordie might have more to say on the exact type of losses/claims in this situation. 

locka

Thanks every yes it was paid via credit card, just in case cost  was over just over £100 from online(Which might be tricky part)  Cost was charged at £60h and in the end it took him 1h 30 to install the item. Which means I've advised the supplier of the cost.  

A_Geordie

Don't think there are any costs/losses over and above reinstallation costs the OP would be entitled to but assuming the original electrician spend 90 minutes not just installing the hob and wiring it up correctly, the reinstallation cost should be much less and more of a swap out. 

As the retailer is responsible for costs of reinstallation under the CRA, I would be inclined to offer the company to arrange an electrician to come and reinstall the hob at their own expense, pointing to the relevant section of the CRA and if appropriate, the relevant section of the explanatory memorandum. Allow them a reasonable time to respond, and if they don't, explain that you will go ahead and pay someone to do the job and recover the costs, which may require a court claim to be issued.

Edit: Just an afterthought, if the hob is your only means of cooking food and you have no other option like an oven or an air fryer, then I suppose it may be possible to claim reasonable costs of eating out. 

DullGreyGuy

Who disconnected it for you? Does the retailer not offer an install option?

You'd be entitled to claim the cost of the second install, not reclaim the first. As others have said, the second one should take minutes so will be whatever the minimum charge is.

locka

Hi everyone thanks for your response. 

A_Geordie
Edit: Just an afterthought, if the hob is your only means of cooking food and you have no other option like an oven or an air fryer, then I suppose it may be possible to claim reasonable costs of eating out. 
I do have other ways to cook so all good on that front.

DullGreyGuy said:

Who disconnected it for you? Does the retailer not offer an install option?

You'd be entitled to claim the cost of the second install, not reclaim the first. As others have said, the second one should take minutes so will be whatever the minimum charge is.

    Item itself was brought from the manufacture they don't offer fitting like say curry would do.  

To be honest the fitting of the new one was a replacement for similar type of electric hob in the same spot.  I would agree though it should take only 1h or less to re-fit the item. 

I've had no response from the company since I've asked them about getting the replacement.  Is there nothing I can do under section 75 as it was purchased on my credit card?

DullGreyGuy

As long as the hob itself was over £100 then yes.. if it was a £99 hob and £6 postage then no. 

Your rights against AmEx are basically the same as against the retailer. You will need to have had the refitting done to have the invoice for your loss to make the claim against AmEx, its likely they'll want to see both fitting and refitting invoices plus the one for the hob itself.