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Hello there,
Please forgive this rather convoluted question.
I bought a lawnmower from Mowdirect for my house in France around 8 weeks ago. They said I had 5 days to check the machine. I have no lawn in the UK so could only look over it- It was very well packed in an undamaged box. The mower looked a little dusty but all the parts seemed to be there. The website says all there mowers are tested before being delivered so I assumed-stupidly- that everything would be ok and I neednt fill it with oil and petrol in then repack it.
I arrived a couple of weeks ago in France and assembled the mower and it didn't work. I called the service number and was told an engineer would be calling me back. While I was waiting for the call I noticed that one side of the round metal chassis (it's made of thick aluminium)was infact completely straight- a six to eight inch long dent, so straight I thought it was part of the design. This dent stops the blade turning. I called them again and they said that because I didnt check the mower properly I could not replace it. I explained that to my untrained eye I thought the dent was a design and that I couldn't turn on the mower and test it as I have no lawn in the uk and this was my first opportunity to do so.They said they had no recourse against the courier or the manufacturer. I told them (and sent lots of photographs) that the box was completely undamaged so the blame must lay with whoever checked it or packed it and not the courier. There were also nuts missing from the engine cover on top of the mower which means the engine cover is only held in place by the petrol and oil caps. Again I photographed all this and sent to Mowdirect. No matter how I tried to explain myself all they said was that "without prejudice" thay would sell me a new chassis for £157.00 +vat (the mower cost £600) or I could bang the dent out with a nylon hammer. I was asking for a replacement mower. Eventually after many calls and emails (and NOT checking my statutory rights) I bought a nylon hammer and removed enough of the dent to turn the blade. Mowdirect also sent replacement nuts.
When I eventually got to turn the mower on there was a clunk and a huge chunk of metal spat out from the machine (the mower was on grass). It was a piece of the drive shaft holding the blade in place.
Again I photographed this and sent to Mowdirect. This was the reply:
"I have spoken to the one of the partners here and as the fault that has developed is something more serious than the deck they have agreed without prejudice to replace the machine.
Due to the time scale in reporting the fault with the machine it would be appreciated if you could send the machine back to our warehouse and on receipt we will order a replacement machine to be sent directly from Mountfield to the original delivery address.
As you can appreciate we now will incur a substantial repair bill to replace deck and other parts which we have no claim through Mountfield or the Couriers (where the damage would have occurred through)."
they have also said:
I have been advised that in the circumstances of this issue it would not be deemed as unreasonable to request you arrange for the faulty item to be returned to us.
The law does not define a period of time that a customer has to check the goods for damage however we clearly advise on dispatch of the goods in a durable means (email) that the goods should be checked within 5 working days...........
......however as the goods were in your possession for 7 weeks and also transported out of the UK and back again there is the possibility that the goods could have become damaged whilst in your possession / through a subsequent journey and transportation from properties.........
.....I do not feel that it is unreasonable to request you arrange for the return of the goods.
Without prejudice we have offered to send you a replacement machine which in the circumstances noted above is a gesture of goodwill
I now started to check my consumer rights and it seems to me from everything I've read under Distance Buying that if a fault develops within the first 6 months (regardless of the fact that it actually arrived damaged) then Mowdirect must collect the lawnmower and not me pay to send it back to them. We are now in dispute over this. Obviously to employ a courier to pick up the mower (I'm in England by the way!) will be very expensive- around £150- as opposed to the business courier rate that Mowdirect pay.
I feel my Statutory Rights say that as a consumer Mowdirect must collect and replace the mower. I am not asking for a refund, just a replacement. I have not used the mower at all.
I have pointed Mowdirect to the Office of Fair Trading "Guide For Businesses on Distance Selling" which states :
3.68 If goods develop a fault within the first six months of being sold,
the law presumes that the fault was there when you sold the goods –
unless you can show otherwise. You should not charge return costs
for goods that have been rejected because they are faulty.
Am I within my rights to ask them to collect the mower and replace it?
Thanks so much
David Daniels
Please forgive this rather convoluted question.
I bought a lawnmower from Mowdirect for my house in France around 8 weeks ago. They said I had 5 days to check the machine. I have no lawn in the UK so could only look over it- It was very well packed in an undamaged box. The mower looked a little dusty but all the parts seemed to be there. The website says all there mowers are tested before being delivered so I assumed-stupidly- that everything would be ok and I neednt fill it with oil and petrol in then repack it.
I arrived a couple of weeks ago in France and assembled the mower and it didn't work. I called the service number and was told an engineer would be calling me back. While I was waiting for the call I noticed that one side of the round metal chassis (it's made of thick aluminium)was infact completely straight- a six to eight inch long dent, so straight I thought it was part of the design. This dent stops the blade turning. I called them again and they said that because I didnt check the mower properly I could not replace it. I explained that to my untrained eye I thought the dent was a design and that I couldn't turn on the mower and test it as I have no lawn in the uk and this was my first opportunity to do so.They said they had no recourse against the courier or the manufacturer. I told them (and sent lots of photographs) that the box was completely undamaged so the blame must lay with whoever checked it or packed it and not the courier. There were also nuts missing from the engine cover on top of the mower which means the engine cover is only held in place by the petrol and oil caps. Again I photographed all this and sent to Mowdirect. No matter how I tried to explain myself all they said was that "without prejudice" thay would sell me a new chassis for £157.00 +vat (the mower cost £600) or I could bang the dent out with a nylon hammer. I was asking for a replacement mower. Eventually after many calls and emails (and NOT checking my statutory rights) I bought a nylon hammer and removed enough of the dent to turn the blade. Mowdirect also sent replacement nuts.
When I eventually got to turn the mower on there was a clunk and a huge chunk of metal spat out from the machine (the mower was on grass). It was a piece of the drive shaft holding the blade in place.
Again I photographed this and sent to Mowdirect. This was the reply:
"I have spoken to the one of the partners here and as the fault that has developed is something more serious than the deck they have agreed without prejudice to replace the machine.
Due to the time scale in reporting the fault with the machine it would be appreciated if you could send the machine back to our warehouse and on receipt we will order a replacement machine to be sent directly from Mountfield to the original delivery address.
As you can appreciate we now will incur a substantial repair bill to replace deck and other parts which we have no claim through Mountfield or the Couriers (where the damage would have occurred through)."
they have also said:
I have been advised that in the circumstances of this issue it would not be deemed as unreasonable to request you arrange for the faulty item to be returned to us.
The law does not define a period of time that a customer has to check the goods for damage however we clearly advise on dispatch of the goods in a durable means (email) that the goods should be checked within 5 working days...........
......however as the goods were in your possession for 7 weeks and also transported out of the UK and back again there is the possibility that the goods could have become damaged whilst in your possession / through a subsequent journey and transportation from properties.........
.....I do not feel that it is unreasonable to request you arrange for the return of the goods.
Without prejudice we have offered to send you a replacement machine which in the circumstances noted above is a gesture of goodwill
I now started to check my consumer rights and it seems to me from everything I've read under Distance Buying that if a fault develops within the first 6 months (regardless of the fact that it actually arrived damaged) then Mowdirect must collect the lawnmower and not me pay to send it back to them. We are now in dispute over this. Obviously to employ a courier to pick up the mower (I'm in England by the way!) will be very expensive- around £150- as opposed to the business courier rate that Mowdirect pay.
I feel my Statutory Rights say that as a consumer Mowdirect must collect and replace the mower. I am not asking for a refund, just a replacement. I have not used the mower at all.
I have pointed Mowdirect to the Office of Fair Trading "Guide For Businesses on Distance Selling" which states :
3.68 If goods develop a fault within the first six months of being sold,
the law presumes that the fault was there when you sold the goods –
unless you can show otherwise. You should not charge return costs
for goods that have been rejected because they are faulty.
Am I within my rights to ask them to collect the mower and replace it?
Thanks so much
David Daniels
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