Faulty Plumbing Part: Can I Claim A Refund?
Q.
I was sold a plumbing part (from a company) fitted by my own plumber. It began to leak within 6 months, causing damage to my property (£285).
When it was removed it became apparent that at manufacture a side had been ground down so that it was so thin it had split (it was sprayed after the grinding and the replacement part is a lot thicker in that area)on being attached.
The seller informed us that we had to go to the maufacturer and despite numerous calls, emails and a letter they have refused to pay for the damage.
They have now told us that it is our responsibility to have an expert prove the fault was down to manufacturer. Is that the case or is that their responsibility as it occured within 6 months?
A.
At first glance, this would definitely appear to fall under the provisions of the Sale of Goods Act 1979, as long as you bought the part from a company. They key here is actually that six month time period. Had the fault occurred after that, then the retailer would have been within his rights to insist that you prove that the fault was due to the item and not, for instance the way it was installed or some other reason.
But the Act states that items sold should be safe, as described and fit for the purpose for which they’re being sold – and from your description, this plumbing part was not. It also allows a 'reasonable' amount of time for you to check the item and return it to the retailer if necessary for a refund, replacement or repair. Note that the Act specifies the retailer, not the manufacturer. You can also claim compensation, although in practical terms that would really just amount to refunding your purchase price in most situations. No specific time frame is given, although as after six months you have to prove the item was at fault for the retailer to have responsibility, then six months might be deemed reasonable.
If you bought the item from a private seller, things become a little different. The only provision is that the goods aren’t misrepresented to you, and it could be argued that here the item was, as it was sprayed after grinding to hide the fault. In that case, you could claim compensation.
As the seller is refusing to accept responsibility, it looks as if your option is to take him to small claims court – which is an easy and cheap process. You will hopefully have records of the purchase, and of trying to return the item within the six month period, as well as evidence from your plumber regarding both the fitting and failure of the part, and the reason it failed, as well as the costs associated with repairs to your home from the damage. On the basis of what you’ve said, with those you should be able to obtain the full amount, including that £285, from the seller, although nothing is set in stone, of course.
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