Repair of goods, (By the purchaser), which are under guarantee

stevvo

I can't seem to find an answer to my query anywhere, so here goes.  I bought a heated bathroom mirror around 22 months ago, that came with a 2 year guarantee.  The product failed within the guarantee period.  The manufacturer has sent out a replacement sensor, which they claim will fix the problem, but to remove the mirror, fit the sensor and refit the mirror requires the services of an electrician, who will obviously charge the customer for this work.  Should the manufaturer not ask for the item to be returned, so that they can enact any repair?   

QrizB

What does your guarantee say?

It's not uncommon for manufacturers to offer a parts-only guarantee.

user1977

The manufacturer doesn't need to offer a guarantee at all, so they can have whatever conditions they like if they do have one. If all it does is supply a spare part and leave you to sort out fitting it, that's fair enough. Or do the terms of the guarantee suggest otherwise?

(why does the job need an electrician?)

Okell

Did you buy it from the manufacturer or from a third party?

stevvo

Okell said:

Did you buy it from the manufacturer or from a third party?

From a third party.  

Okell

If you were trying to exercise your statutory consumer rights against the seller you would have an argument that they should either repair or replace and that they should bear any associated costs.

The problem with exercising your consumer rights against the seller is that as it's more than 6 months after purchase, the legal burden of proof is on you to establish on the balance of probabilities that the mirror had some inherent "fault" when you bought it and which caused it to fail.

Unless you can get some sort of written report from an independent electrician stating that, you are likely going to have difficulty making a claim agianst the seller under your statutory consumer rights as it's now nearly two years since you bought it.

As regarding the manufacturer's warranty, what you are entitled to get and what they are obliged to do depends entirely on what the T&Cs of that warranty say.

So what does the warranty say?  Does it only cover free parts or does it cover labour costs too?

Ergates

stevvo said:

I can't seem to find an answer to my query anywhere, so here goes.  I bought a heated bathroom mirror around 22 months ago, that came with a 2 year guarantee.  The product failed within the guarantee period.  The manufacturer has sent out a replacement sensor, which they claim will fix the problem, but to remove the mirror, fit the sensor and refit the mirror requires the services of an electrician, who will obviously charge the customer for this work.  Should the manufaturer not ask for the item to be returned, so that they can enact any repair?   

Two things:  1)  A warranty sits over and above your consumer rights and, as such, can have whatever (legal) terms the manufacturer wants.

2) Removing the mirror (to send it to the manufacturer) and refitting would also require the services of an electrician, and would take several times longer than just mailing you a small part that is likely quite easy to fit.