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Can I Request Replacement Rather Than Repair?
I bought a Bissell carpet cleaner in April however the corrugated plastic hose has developed a split and no longer works properly. I contacted Bissell who said that they would have to pick it up for repair. But that means that I will be left without a machine for an unknown period of time. The machine still works at a reduced capacity and is needed nearly every day so if they take it I will have to get another machine. So is it reasonable to expect a replacement rather than a repair?
I don't think 8 months is a reasonable length of time for a problem like this to arise.
I am happy enough to ask them but just wanted to know what my consumer rights would be in a situation like this.
Thanks.
I don't think 8 months is a reasonable length of time for a problem like this to arise.
I am happy enough to ask them but just wanted to know what my consumer rights would be in a situation like this.
Thanks.
Answers
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You can ask for a replacement part but they can insist on a replacement.
Your consumer rights are very clearly explained here:
https:/
Your consumer rights are very clearly explained here:
https:/
As others have indicated, unless you bought the machine directly from Bissell, they've every right to simply tell you to go and take a very long jump off a very short pier. The retailer, and not the manufacturer, is responsible for remedying any faults that appear.
As Barry has stated though, you can ask for a replacement but the retailer is entitled to opt to repair the product instead. (I think Barry's second 'replacement' is a typo for 'repair').
Further, as more than 6 months have passed since you bought the product, there's no longer an automatic assumption that anything which goes wrong with it must be due to an 'inherent fault'. (i.e. something which was actually wrong with the cleaner at the time of purchase). Unless you can prove that there was an inherent fault, there is no obligation upon the retailer (or the manufacturer) to either repair or replace the defective part.
The only exception to the above (which relates to your statutory rights under the Consumer Rights Act 2015) is where the manufacturer has sold a product with a guarantee. The manufacturer (and not the retailer) is then obliged to honour the terms of that guarantee but those can be as generous or as limited as the manufacturer chose when setting out the terms of that guarantee. (e.g. if a guarantee states that a fault will only be remedied if you deliver the machine to the factory that made it, in China, in person on 29th February, while standing on your head and singing the Albanian National Anthem backwards, you have no other rights than that under the terms of that guarantee. You need to read the small print!)
As Barry has stated though, you can ask for a replacement but the retailer is entitled to opt to repair the product instead. (I think Barry's second 'replacement' is a typo for 'repair').
Further, as more than 6 months have passed since you bought the product, there's no longer an automatic assumption that anything which goes wrong with it must be due to an 'inherent fault'. (i.e. something which was actually wrong with the cleaner at the time of purchase). Unless you can prove that there was an inherent fault, there is no obligation upon the retailer (or the manufacturer) to either repair or replace the defective part.
The only exception to the above (which relates to your statutory rights under the Consumer Rights Act 2015) is where the manufacturer has sold a product with a guarantee. The manufacturer (and not the retailer) is then obliged to honour the terms of that guarantee but those can be as generous or as limited as the manufacturer chose when setting out the terms of that guarantee. (e.g. if a guarantee states that a fault will only be remedied if you deliver the machine to the factory that made it, in China, in person on 29th February, while standing on your head and singing the Albanian National Anthem backwards, you have no other rights than that under the terms of that guarantee. You need to read the small print!)
> The machine ... is needed nearly every day
That's a lot. Are you making "professional" use of it (e.g. you use it in a business or in your job as a cleaner)? In which case you would need to be careful that any warranty would apply, as often warranties are limited to domestic rather than business use.
That's a lot. Are you making "professional" use of it (e.g. you use it in a business or in your job as a cleaner)? In which case you would need to be careful that any warranty would apply, as often warranties are limited to domestic rather than business use.
Thanks for all your answers.
I bought it from Argos but emailed Bissell simply because their contact details were on the user guide an guarantee. They seemed happy enough to deal with it themselves. Though if I am supposed to have gone through Argos then might they deal with it by replacing it on the basis that they wouldn't be in a position to repair it?
The guarantee pretty much says that Bissell will repair or replace at their discretion.
I never meant to imply that there was an inherent fault, it seemed fine at the start. And my email explained to them that the problem developed after a period of use.
I do use it every day but nowhere near on a professional basis. I have an elderly dog with dementia who often has piddle accidents in the house! That's why I can't really go without it.
I bought it from Argos but emailed Bissell simply because their contact details were on the user guide an guarantee. They seemed happy enough to deal with it themselves. Though if I am supposed to have gone through Argos then might they deal with it by replacing it on the basis that they wouldn't be in a position to repair it?
The guarantee pretty much says that Bissell will repair or replace at their discretion.
I never meant to imply that there was an inherent fault, it seemed fine at the start. And my email explained to them that the problem developed after a period of use.
I do use it every day but nowhere near on a professional basis. I have an elderly dog with dementia who often has piddle accidents in the house! That's why I can't really go without it.
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