Can I Insist on a replacement or refund for a faulty product.

[brian_c]

Hello All.
Last Monday I bought a KAMPA Air 260 Awning. After a good deal of ringing around to source one.
Unfortunatly when I erected it on a site last Tuesday I discovered a small amount of damage to the fly screen door a small hole about 25mm by 4mm.
As well as this the actual exterior canvas also showed a tiny amount of damage. I took the awning down the following day and repacked it away.
I must say the awning was very well packaged with even tissue paper between the layers so I can only assume the damage was caused at the factory before packing.
At this point I would like to say the awning when erected was everything I wanted and until spotting the damage I was really pleased with it. even then I debated with myself whether to put up with the damage that was until I saw the exterior panel damage.
This brings me to my main point for the post.
I have just spoken to the supplier re the problem and he has suggested that they will send it back to Kampa for repairs rather than just swap the thing. When I said that I wasn't happy with that he says he will ring Kampa then call me back with what they say.
Frustrating because the damage although minor was clearly inflicted at the factory either prior or during packing.
I really don't want a repaired awning I want to start with a perfect new one.
Can anyone please advise me if I am within my rights to ask for a new one or failing that ask for a full refund. I do have some sympathy with the position of the outlet where I purchased it because I know they don't have any in stock at the moment. But I am just a little concerned now that at no time during our call did he mention a replacement only returning the awning to the manufacturer for repair.
Best Regards Brian

 

[Dustydog]

Hi Brian

Yes. Demand a brand new replacent or a refund.
Alternatively you may wish to agree to repair subject to a good discount.

Remind the dealer you know under The Sale Of Goods Act 1979 ( as amended) they have a Statutory obligation to give you a full refund now. You've only had it a week.
Good luck.

 

[brian_c]

Thank you for the reply Dusty dog. I hate these situations like I mentioned in my post the supplier could not help what is delivered from the factory but when I said that I wasn't happy with his suggestion of a repair all he said was that the awning would be returned to the factory and complete new sections would be sewn in almost implying that was my only option.
He didn't appear to be happy with my suggestion of a completely new one.
I am sure had the item been anything they had within stock they would have swapped it for me then perhaps taken the issue up with their own suppliers.
Dependant what he says when he calls back I may need to dig my heels in a bit.
By the way thank you for your advice re RIVER VALLEY we had two lovely weeks on the site. I did leave you a comment in the UK SITES SECTION of the forum at the end of my original thread headed THIS YEARS MAIN HOLIDAY not sure if you spotted it.
thank you again Best regards Brian

 

[ProfJohnL]

Dusty's reply is correct.

If you think about the situation in a slightly different perspective you may see the point.

If you had gone to the sellers depot and seen the awning before you bought it, if you saw it was damaged, you would not have bought it. If he had offered to get it repaired for you, you probably would not have bought it because you knew it had been damaged and it would require invasive work to replace the faulty panels. The value of the awning will have been damaged.

You would have either left without purchase or insisted on him obtaining a new replacement.

So whats different. Well apart from the place where the fault was discovered. Nothing actually which is why you should insist on a new replacement. SoGA says the seller should also pay for all carriage costs to return your faulty product and to carriage out the new one.

In essence you should not be inconvenienced for the sellers failure to supply to contract.

 

[woodsieboy]

Hi Brian,When you say you scourced your awning by ringing around,I take it you ordered by phone or internet,in which case I think you will be protected by the distance selling regulations and they say you can reject the product when it arrives for whatever reason,if you are not satisfied,suggest you point out the distance selling regulations to the seller and ask for a full refund, as others have said they cannot charge you for returning the goods unless it was specifically stated in their terms and conditions at time of order.

 

[brian_c]

Thank you to all who have taken the trouble to reply. Also for the very sensible advice you have given me.
I said in my post that the person at the supplier I used didn't fill me with confidence when I came off the phone, however although they didn't ring me back as they promised i did ring them again later this afternoon.
I am more than happy with what the guy told me. He did say that he was still awaiting for a call back from their suppliers and said to give him a little longer and he would chase them up.
Within 15 minutes he rang to say that he had been promised a brand new replacement within ten days apparently a container load of equipment was due within this time and that one would be earmarked for my replacement.
What further heartened me was him then going on to say that should I need to use an awning during this time, then I was to use the one I had because it was going back to Kampa anyway and they had told him to make this offer to me.
I was a bit dumbstruck. All my negative thoughts and pessimist thinking has evaporated.
I am starting to feel guilty for doubting the salesman at the suppliers I have used.
I will keep you informed of the conclusion hopefully within ten days. We are going away for three nights next week starting Wednesday so I'm not sure which awning I will be taking.
thanks again to all who have given me valued advice.
regards Brian

 

[Dustydog]

Brian
Are you seriously contemplating using the defective awning that imo should be rejected?

 

[Mel]

DD, he is rejecting it and is going to be given a brand new replacement. The dealer was offering the use of the defective one as an interim measure until a new one arrived from Kampa in the next 10 days. Or am I missing your point?
mel

 

[Dustydog]

DD, he is rejecting it and is going to be given a brand new replacement. The dealer was offering the use of the defective one as an interim measure until a new one arrived from Kampa in the next 10 days. Or am I missing your point?
mel

No Mel.It's me. Bonehead!

I'm using new android thing and in honesty didn't fully read Brian's last post.the Cornish air didn t help....

 

[Gagakev]

No Mel.It's me. Bonehead!

I'm using new android thing and in honesty didn't fully read Brian's last post.the Cornish air didn t help....

You sure it's the air and not the Ale Sir Dusty

 

[Dustydog]

No Mel.It's me. Bonehead!

I'm using new android thing and in honesty didn't fully read Brian's last post.the Cornish air didn t help....

You sure it's the air and not the Ale Sir Dusty

Dohhh. Your Royal Woosieness, you promised not to tell.

 

[Sproket]

Shhhh !
The ears have it

 

[Gagakev]

Have one on me Sir Dusty.

(Sir Sprocket beat me to it again!!)

 

[brian_c]

Hi Mel yes you have got that spot on. I was astonished when the salesman said that to me. He said that he had cleared it with Kampa and the awning would be returned to them when my new one arrives meanwhile I was to use the awning normally. I had told him in my initial conversation that we were away a week on Wednesday for 5 nights.
i actually hope my replacement arrives in time but it is a gesture I couldn't have ever expected them to make.
If everything happens the way he has predicted I have been dealt with brilliantly after my initial doubts following the first conversation I had with them.

 

[Dustydog]

Oh Your Royal Woosieness and Sir Sproket
You've let mt secret out.
Some good brews down here.

 

[ProfJohnL]

Hello Brian,

Thats good news, however I must add a slight note of caution. In matters like this and to avoid any doubts, ask for the sellers offer to replace and to allow you touse the faulty awning in writing even an email will do. I would hate to hear in 10 days time that some problem has arisen because you used it after you had rejected it.

 

[brian_c]

No problems Prof. We have decided to manage without an awning if the new one doesn't arrive in time.
more really in case we get bad weather and have to take it down wet, I have a vision of it hanging over the stairs and landing for a couple of days whilst we wait to return it.
thank you for your valued comment though getting confirmation would have been the sensible option.
Kind regards Brian

 

[Raywood]

Under SOGA you are entitled to your money back if the item was not of merchantable quality. My interpretation is that you cannot demand a replacement but can offer to accept one as an alternative to a refund. Glad this case seems to have been resolved though.

 

[ProfJohnL]

Hello Ray,

I think you are not quite right with your position.

Without ploughing through the actual wording of the act I will simply refer to that erstwhile organisations "Which" who know a thing or two about such matters. On their website they state

"The Sale of Goods Act states that products should be as described, of satisfactory quality and fit for purpose.
If a product you’ve bought develops a fault, your consumer rights mean you can reject it and get your money back or you can have it repaired or replaced."

See
http://www.which.co.uk/consumer-rights/problem/what-do-i-do-if-i-have-a-faulty-product/

 

[Surfer]

Don't Distance Selling Regulations over ride SOGA if fault reported within 7 days of delivery. Also return postage is the responsibility of the seller if it is a fault.

 

[RogerL]

You can't demand replacement - that item may no longer be available.

 

[ProfJohnL]

Don't Distance Selling Regulations over ride SOGA if fault reported within 7 days of delivery. Also return postage is the responsibility of the seller if it is a fault.

No.
SoGA are your stautory rights and nothing overides them.
If goods are faulty then SoGA ensures they can be returned without charge, and for full refund (inc carriage) or replacement
DSR, allow you to return goods for any reason even if you just change your mind.

Roger,
I refere you to the "Which" web site as noted earlier.