Faulty Goods Consumer Rights

[Moggs]

I'm a Plumber by trade. I fitted a new electric shower for a customer, but found it faulty when I commissioned it. This was confirmed by the manufacturer over the phone, and they were willing to send out one of their engineers to fix it.

When I told the customer, she was not happy to have it repaired, and asked me to remove it and return it for replacement, which I was happy to do.

When I contacted the supplier, they say now that it has been fitted it now is the responsibility of the manufacturer!

As the fault cannot be detected until the unit is fitted, would it be classed as 'Not fit for Purpose' and they should take it back. I have not had a reply yet from the manufacturer, but I don't want to be knocked pillar to post, as it is my customer that will be suffering at the end of the day.

Any advise welcome.

[charitynjw]

Re: Faulty Goods Consumer Rights

Hi Moggs,
Was the item purchased as a 'consumer' transaction, or was it business to business?

[Moggs]

Re: Faulty Goods Consumer Rights

I suppose it could be classed as a business to business. I purchase the goods and then add it to my labour on the invoice to my customer.

[charitynjw]

Re: Faulty Goods Consumer Rights

The contract law that applies between retailers and manufacturers/wholesalers is not the same as the contract law that applies between retailers and their customers.

http://www.oft.gov.uk/business-advic.../sogahome/faqs
Faq 6

The Sale of Goods Act (SOGA) provides protection for customers (consumers) - the same rights do not apply to a business buying goods or services from another business.
This is true of consumer protection law generally, for example Distance Selling Regulations, Consumer Protection from Unfair Trading Regulations, and Doorstep Selling Regulations. Businesses are expected to be able to negotiate their own contracts to give them suitable protection and or remedies in case of a breach of contract.

Do you have an account with the supplier, or an arrangement which would be seen as b2b

[Moggs]

Re: Faulty Goods Consumer Rights

The contract law that applies between retailers and manufacturers/wholesalers is not the same as the contract law that applies between retailers and their customers.


Do you have an account with the supplier, or an arrangement which would be seen as b2b

Thank you for the info so far. In answer to your question. I have an account with an internet supplier and on my account with them it has my name, my company name and address. Payment is made by the normal 'checkout basket' arrangement and I usually pay with my 'non business' visa debit card.

[charitynjw]

Re: Faulty Goods Consumer Rights

Check the supplier's T & C's (usually at bottom of website).
Have you replaced the faulty item?

[Guest]

Re: Faulty Goods Consumer Rights

Unless the terms and conditions specifically exclude the implied terms or warranties relating to the supply of goods or services, then you may treat the sale as a consumer purchase and all the usual protections will apply. Even then, certain exclusions may not be permitted under the law, although many Business to Business suppliers will try to insert them.

Look here, post #10 for more details. Unfair Contract Terms 1977 - Legal Beagles Consumer Forum

[Moggs]

Re: Faulty Goods Consumer Rights

Thank you for the info so far. Sorry I have not replied sooner but I've been working this morning keeping your boilers working.

I have checked the T&C's for http://www.tapsuk.com/termsandconditions.html and they have:-


14 day money back guarantee – No Quibble!
30 day exchange guarantee – No Quibble!
Minimum 6 mths guarantee – for refund,replacement part, repair or exchange


I fall in the 14 day guarantee, but they don't state anything about if a product is fitted then they are not liable and it is now down to the manufacturer.


Quote:
All items are backed by our 14 days no quibble money back guarantee. Just email us at info@tapsuk.net within 14 days of delivery with your reason and request for a refund, your name, invoice number, product details and contact telephone number. We will then email you a returns form and returns reference number. You will be required to complete the returns form and send your item back for a refund (we do not cover return postal cost). Goods are refunded within 30 days.


Charitynjw asked if I have replaced the shower. No I haven't as I am expecting a replacement.


Cetelco – I wouldn't know if this was an unfair contract if it jumped out and bit me!:beagle:


All I want at the end of the day is to return the item, get a replacement, and fit it so my customer is satisfied. I've fitted hundreds of showers over the years and this is the first one that's had a fault with.