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.