The Range asking for independent assessment

ResidentAlien

Hi all

1.5 years ago we bought a chair from The Range for £60. The hydraulic cylinder has failed so the chair can no longer be adjusted and just stays on the lowest setting.

We wrote to The Range under CRA 2015 and claimed that the chair should have been fit for purpose AND last a reasonable length of time.

The have now come back to say that, as the item was bought more than 6 months ago, they require an independent assessment to establish whether there was a manufacturing fault.

2 questions:

1. Who bears the costs of the assessment if we were to go ahead?
2. Isn't the assessment unnecessary as our point is that the chair did not last a reasonable length of time?

Thank you for your help.

MattMattMattUK

ResidentAlien said:

Hi all

1.5 years ago we bought a chair from The Range for £60. The hydraulic cylinder has failed so the chair can no longer be adjusted and just stays on the lowest setting.

We wrote to The Range under CRA 2015 and claimed that the chair should have been fit for purpose AND last a reasonable length of time.

The have now come back to say that, as the item was bought more than 6 months ago, they require an independent assessment to establish whether there was a manufacturing fault.

2 questions:

1. Who bears the costs of the assessment if we were to go ahead?

You initially, with them refunding it if the fault is found to be inherent at point of sale. The cost must be "reasonable", so they will not pay hundreds of pounds either.

ResidentAlien said:

2. Isn't the assessment unnecessary as our point is that the chair did not last a reasonable length of time?

Thank you for your help.

Nope. The chair could have failed for a multitude of reasons, the one relevant in the CRA is that a fault was inherent at point of sale. If it has failed due to misuse or damage then that is not something that would be covered under the CRA, as it is after six months it is on you to demonstrate the fault was inherent, not caused after the sale occurred. 

As to the practicality of getting someone relevant to inspect the chair and issue confirmation that the fault was or was not inherent at the point of sale and to do that for a reasonable cost, being realistic it is not going to happen, you probably just need to write off the chair. 

user1977

1. You (in the first instance at least).
2. No, because you need to prove that the reason it didn't last a reasonable length of time was because of an inherent defect (rather than something which happened to it afterwards).

sheramber

As it is over 6 months since you purchased , you have to prove that it has failed due to an inherent manufacturing fault and not due to user error or normal wear and tear. 

You pay for the report but if it proves it is due to an inherent manufacturing fault then you can claim the cost back from the Range. 

elsien

If the people using it have it at a similar height, then you can buy things from Amazon to keep the seat permanently raised to the height that you want.
She has an alternative option if you don’t get anywhere with the range. 

the_lunatic_is_in_my_head

Not sure I’d go to the trouble of getting an inspection on a £60 chair but for the cost of a stamp I might send a letter before action stating the hydraulic unit is sealed and thus can not have been damaged through misuse, it is apparent the goods do not conform by looking at them and as such you are requesting a refund of £40 (£20 deducted for the use). 

It’s simply a bluff but again costs a stamp. 

£60 chair is likely to be rubbish to be fair, equally The Range are purveyors of rubbish, in my opinion. 

sheslookinhot

Stick a sign on it, as to how rubbish it is and leave it close to the door of your store.

MattMattMattUK

sheslookinhot said:

Stick a sign on it, as to how rubbish it is and leave it close to the door of your store.

I am not sure how fly tipping is going to help.

TELLIT01

It's really not worth the cost and trouble to try to get an independent report into the reason a £60 chair has a fault.  It's possible that the maximum weight was exceeded as one example.  Although that would be impossible to prove.

If you can, leave a review on the Range website.

sonearandyetsofa

As a retailer I was told that the gas lift mechanism on cheap barstools and chairs (retailing for £50 - £75 approx) had a lifespan of around 2 years. By that reckoning it's failed 6 months early, which if they accepted that it's failed prematurely due to a pre-existing fault would mean you're due about £15 refund. Meanwhile an inspection would cost you at least £45, and could result in the answer that you've used it more than expected, exceeded the weight limit, or misused it in some way.

Worth the cost of a stamp to send a letter before action, but definitely not the cost of the inspection.

Skiddaw1

the_lunatic_is_in_my_head said:

£60 chair is likely to be rubbish to be fair, equally The Range are purveyors of rubbish, in my opinion. 

I agree that a £60 chair is unlikely to be particularly robust but to be fair to The Range, some of their products are really rather good IMO. You have to get your eye in, but- for example- we have a boot & shoe rack I bought from The Range (Reading branch when we still lived in the area) a fair time before we moved up to Cumbria. It cost virtually nothing, survived the move and is still going strong. It must be a good 8 years old now.