Item not fit neither for purpose nor in the car

[bulboy]

Dear Beagles,
In February I bought a repalcement (not original or OEM) car part from known retialer's branch. I had some work done to the car in a garage and part of that work was to replace the item bought.
They returned the part and said they could not fit it.
I put it in the cupboard until April's easter holidays when I got a week off to do additional work on the car.
During the week I did all my other works and at he end I decided to try to fit the car part in question.
It is a simple push fit and I was surprised when it would not get in position.
I compared it with the original car part and it appeared that the replacement part was slightly wider and for that reason no effort woul make it fit in position.
I went to the retialers branch to return this and another part which also proved faulty.
The retailer refunded the opther part with no questions asked.
The part in question he refused to refund as it was more than 30 days as per their T&C's and referred me to the head office.
I wrote a letter to tehir head of customer support and they also rejct my claim for refund and state that as per their T&C they are unable to refund. THey feel that 90 days is sufficient time to notify them that the part is incorrect and as this is beyond 90 days the only option is providing replacement.
I have already bought the part in question from the original manufacturer and do not want replacement as it can not be guaranteed it will fit.

Where do I stand. BTW it is not 90 days but around 75 days since purchase when I attempted to return the part that does not fit.

Thanks in advance.

[Caspar]

Re: Item not fit neither for purpose nor in the car

Have a read of this. I think it answers your question. It's a Sale of Goods Act Fact Sheet:

[ARCHIVED CONTENT] Sale of Goods Act Fact Sheet - BIS

[bulboy]

Re: Item not fit neither for purpose nor in the car

Thank you for the quick reply. I have already read the facts sheet. What confuses me is the reasonable time for inherently faulty item.
Is my only option to seek damages through the court as I do not want replacement.
Item cost is about 25£ but it is the principle in question.
The part is physically wider than the oifice in which it should fit and it is impossible to force it in as it is rigid.

[Caspar]

Re: Item not fit neither for purpose nor in the car

If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

Seems pretty clear to me!

[bulboy]

Re: Item not fit neither for purpose nor in the car

I do not want replacement or repair.

[Caspar]

Re: Item not fit neither for purpose nor in the car

Sorry - only skim read it! How about this bit, still referring to 6 months:

Proof of purchase? Shops will often tell you they will only give a refund on production of proof of purchase. Don’t be misled into thinking this must be a till receipt. It can be a bank or credit card statement, although you may run into difficulties if it is for a different amount than that of the item you are trying to return.
If the item is damaged, the shop cannot say they will only refund on the basis of a till receipt. However you must have proof of purchase of some kind – particularly if it was bought recently and you want to show that the damage wasn’t caused by continued use or wear and tear over time.

[bulboy]

Re: Item not fit neither for purpose nor in the car

Yes I have proof of purchase. What I am looking for is the actual statute bit which backs my position. They already responded they will only replace. At the end I may have to accept replacement and if that turns to be the wrong size...

[Caspar]

Re: Item not fit neither for purpose nor in the car

It's there, but unfortunately under Section 48D1 you have failed to give them time to replace the goods and so would be deemed to be in breach of the contract. You therefore have to rely on the sellers goodwill which may mean having a spare of whatever it is. They will not be under an obligation to refund until you give them reasonable time to replace the part.

HOWEVER you have six months - it's all around the same part of the act, so you may yet have time to let them try to replace it - if they can't, then obviously they have to refund you.

Just Google Sale of Goods Act 1979 and it all comes up. Go to this section and it is clearly set out.

[bulboy]

Re: Item not fit neither for purpose nor in the car

I have asked for replacement with guarantee the new part will fit. Alternatively I said I will accept credit note to the price of the item to be used in their shop. Will update and thanks for the help.