Consumer rights on an item less than 6 months old and had one repair?

sukh9292

I bought a P1S 3D printer back in mid-May using my Amex credit card. It arrived DOA and the issue turned out to be the power supply module. they sent me a replacement part and after that it worked fine. I’ve put around 800 hours on it since.

Now, the same exact issue has happened again, the power supply module’s failed for the second time in five months. I don’t think that’s acceptable, and it makes me think there’s some deeper issue with the printer.

They’ve offered to send another replacement part, but I refused and asked for a return and refund. At first they said no because of their 30-day policy, but after I mentioned UK consumer law (Consumer Rights Act 2015), they came back with two options:

1. They send me new parts and I repair it myself, or

2. I send the printer back and they’ll send a brand-new replacement.

I’m not sure if I should accept the new replacement , can insist on a return/refund instead.

If I do ask for a refund but they refuse and only offer a replacement, what are my actual options? Should i insist for a full refund? Would Amex (Section 75) or small claims help, or does the fact that they’ve offered a replacement weaken my case? and would i get a full refund or they can deduct usage if they accept for a refund?

Grumpy_chap

sukh9292 said:

I bought a P1S 3D printer back in mid-May using my Amex credit card. It arrived DOA and the issue turned out to be the power supply module. they sent me a replacement part and after that it worked fine. I’ve put around 800 hours on it since.

Now, the same exact issue has happened again, the power supply module’s failed for the second time in five months. I don’t think that’s acceptable, and it makes me think there’s some deeper issue with the printer.

They’ve offered to send another replacement part, but I refused and asked for a return and refund. At first they said no because of their 30-day policy, but after I mentioned UK consumer law (Consumer Rights Act 2015), they came back with two options:

1. They send me new parts and I repair it myself, or

2. I send the printer back and they’ll send a brand-new replacement.

I’m not sure if I should accept the new replacement , can insist on a return/refund instead.

If I do ask for a refund but they refuse and only offer a replacement, what are my actual options? Should i insist for a full refund? Would Amex (Section 75) or small claims help, or does the fact that they’ve offered a replacement weaken my case? and would i get a full refund or they can deduct usage if they accept for a refund?

Assuming this is a private purchase and not connected with business activity.

You have a device with a faulty component causing premature power supply failure.
That has been proven by swapping the power supply module.

Assuming you still want to have a device, why would you not accept the full new replacement?
Do you have some reason to suspect an inherent design concern, rather than just a faulty component in the unit you have?

MyRealNameToo

Yes, they are entitled to one attempt to repair the item, after it fails again you are entitled to demand a refund as the final right of rejection. Obviously you can choose to accept a replacement if you want to. 

It's important to check the date you received and see if it's more or less than 6 months old. If it's more than 6 months it doesnt have to be a full refund and they can deduct the use received to date. If it's under 6 months it has to be a full refund. 

S75 would be a seperate claim from a different organisation. You would almost certainly need an engineers report to support your argument that its faulty rather than it being consumer mis use or its come to the end of its expected lifespan etc. 

Court is another option, you may want to consider if a report would be prudent for this though in case they state their prior offer was a gesture of goodwill and they haven't accepted its faulty. 

the_lunatic_is_in_my_head

MyRealNameToo said:

It's important to check the date you received and see if it's more or less than 6 months old. If it's more than 6 months it doesnt have to be a full refund and they can deduct the use received to date. If it's under 6 months it has to be a full refund. 

OP said mid-May so should be within the 6 months until mid-Nov  

MyRealNameToo said:

S75 would be a seperate claim from a different organisation. You would almost certainly need an engineers report to support your argument that its faulty rather than it being consumer mis use or its come to the end of its expected lifespan etc. 

As above if they reject now then the credit provider can't insist upon an inspection at this point. 

OP to note when (if) you reject you have a duty to return the goods, unless the trader offered to collected them (by way of terms for example) in which case you just have to make the goods available for collection, either way trader should bear the cost.

If you don't want the replacement then send it back and if they don't refund go to Amex for Section 75.

The 6 months for burden of proof and deduction for use are at the point of rejection, not when you make the Section 75 claim. 

Above assumes you are a consumer. 

TELLIT01

Grumpy_chap said:

Assuming this is a private purchase and not connected with business activity.

You have a device with a faulty component causing premature power supply failure.
That has been proven by swapping the power supply module.

Assuming you still want to have a device, why would you not accept the full new replacement?
Do you have some reason to suspect an inherent design concern, rather than just a faulty component in the unit you have?

The same component, the power supply, has failed twice within 6 months.  First failure on delivery and the second less than 6 months after being replaced.  I would certainly be concerned that it was an inherent faut and would be cautious to put it mildly about trying a third.

sukh9292

Grumpy_chap said:

sukh9292 said:

I bought a P1S 3D printer back in mid-May using my Amex credit card. It arrived DOA and the issue turned out to be the power supply module. they sent me a replacement part and after that it worked fine. I’ve put around 800 hours on it since.

Now, the same exact issue has happened again, the power supply module’s failed for the second time in five months. I don’t think that’s acceptable, and it makes me think there’s some deeper issue with the printer.

They’ve offered to send another replacement part, but I refused and asked for a return and refund. At first they said no because of their 30-day policy, but after I mentioned UK consumer law (Consumer Rights Act 2015), they came back with two options:

1. They send me new parts and I repair it myself, or

2. I send the printer back and they’ll send a brand-new replacement.

I’m not sure if I should accept the new replacement , can insist on a return/refund instead.

If I do ask for a refund but they refuse and only offer a replacement, what are my actual options? Should i insist for a full refund? Would Amex (Section 75) or small claims help, or does the fact that they’ve offered a replacement weaken my case? and would i get a full refund or they can deduct usage if they accept for a refund?

Assuming this is a private purchase and not connected with business activity.

You have a device with a faulty component causing premature power supply failure.
That has been proven by swapping the power supply module.

Assuming you still want to have a device, why would you not accept the full new replacement?
Do you have some reason to suspect an inherent design concern, rather than just a faulty component in the unit you have?

yes its a private purchase.
for the replacement i dont know if there is something wrong with design, i know it sound bad but simply because for what i paid 5 months ago i could get someting better and more reliable today. and what if the new printer develop the same fault ? it might not happen but we dont know.. am i obliged to accept the replacement without good cause ?

sukh9292

MyRealNameToo said:

Yes, they are entitled to one attempt to repair the item, after it fails again you are entitled to demand a refund as the final right of rejection. Obviously you can choose to accept a replacement if you want to. 

It's important to check the date you received and see if it's more or less than 6 months old. If it's more than 6 months it doesnt have to be a full refund and they can deduct the use received to date. If it's under 6 months it has to be a full refund. 

S75 would be a seperate claim from a different organisation. You would almost certainly need an engineers report to support your argument that its faulty rather than it being consumer mis use or its come to the end of its expected lifespan etc. 

Court is another option, you may want to consider if a report would be prudent for this though in case they state their prior offer was a gesture of goodwill and they haven't accepted its faulty. 

20 may i received so im under 6 months until next month.  there already has been a repair that failed again ( same part ) , can i refuse the brand new replacement and still demand a refund? not sure if the new one will be reliable.

sukh9292

the_lunatic_is_in_my_head said:

MyRealNameToo said:

It's important to check the date you received and see if it's more or less than 6 months old. If it's more than 6 months it doesnt have to be a full refund and they can deduct the use received to date. If it's under 6 months it has to be a full refund. 

OP said mid-May so should be within the 6 months until mid-Nov  

MyRealNameToo said:

S75 would be a seperate claim from a different organisation. You would almost certainly need an engineers report to support your argument that its faulty rather than it being consumer mis use or its come to the end of its expected lifespan etc. 

As above if they reject now then the credit provider can't insist upon an inspection at this point. 

OP to note when (if) you reject you have a duty to return the goods, unless the trader offered to collected them (by way of terms for example) in which case you just have to make the goods available for collection, either way trader should bear the cost.

If you don't want the replacement then send it back and if they don't refund go to Amex for Section 75.

The 6 months for burden of proof and deduction for use are at the point of rejection, not when you make the Section 75 claim. 

Above assumes you are a consumer. 

yes its still under 6 months until 20 november.

when you say duty of return the goods, will be the initial cost covered by me and then i have to get it refunded? what  if they refuse to refund ?

So if i dont want the replacement i can refuse by just saying i do not trust the reliability of the printer? sorry but this my first time doing this all new stuff im learning.

MyRealNameToo

sukh9292 said:

MyRealNameToo said:

Yes, they are entitled to one attempt to repair the item, after it fails again you are entitled to demand a refund as the final right of rejection. Obviously you can choose to accept a replacement if you want to. 

It's important to check the date you received and see if it's more or less than 6 months old. If it's more than 6 months it doesnt have to be a full refund and they can deduct the use received to date. If it's under 6 months it has to be a full refund. 

S75 would be a seperate claim from a different organisation. You would almost certainly need an engineers report to support your argument that its faulty rather than it being consumer mis use or its come to the end of its expected lifespan etc. 

Court is another option, you may want to consider if a report would be prudent for this though in case they state their prior offer was a gesture of goodwill and they haven't accepted its faulty. 

20 may i received so im under 6 months until next month.  there already has been a repair that failed again ( same part ) , can i refuse the brand new replacement and still demand a refund? not sure if the new one will be reliable.

Yes, final right of rejection becomes available after the first repair or replacement; you dont have to try one of each or accept multiple attempts. 

Grumpy_chap

TELLIT01 said:

Grumpy_chap said:

Assuming this is a private purchase and not connected with business activity.

You have a device with a faulty component causing premature power supply failure.
That has been proven by swapping the power supply module.

Assuming you still want to have a device, why would you not accept the full new replacement?
Do you have some reason to suspect an inherent design concern, rather than just a faulty component in the unit you have?

The same component, the power supply, has failed twice within 6 months.  First failure on delivery and the second less than 6 months after being replaced.  I would certainly be concerned that it was an inherent faut and would be cautious to put it mildly about trying a third.

Yes, I didn't mean to have a new PS to fit to the current device, but a complete new device which, hopefully, will not have the internal fault causing the PS to fail.  That assumes the PS is suitably rated for the job.  Generally PS units are reliable.

the_lunatic_is_in_my_head

sukh9292 said:

when you say duty of return the goods, will be the initial cost covered by me and then i have to get it refunded? what  if they refuse to refund ?

Yes basically but in this instance you have Section 75 so if the company didn't refund the return costs Amex should should.

In comparison to the retailer, Amex will be regulated so will have more of an incentive to do what they are obligated to do.