Faulty product, but replacement offerred is a different product

drag0n79

Hi all,
Would appreciate some advice on this.

Bought an expensive item for my home from an Irish company. Item required adjustment and repair within 6 months of installation. Have been down a long road of repairs and finally offers to replace. Comes to replacement time now (2 years later) and the company do not offer that product any more. They offer an "equivalent" which is quite different and does not suit us. They say it is higher quality but the company has lost our trust anyway so we do not believe that. Either way we do not like the new product.

What are our real options, do we have to accept the replacement at this stage or is a refund possible. If we take a refund, are continued repairs/adjustments still available to us on the original product under the original warranty?

Thanks

L1011

If the replacement is capable of doing what the original item is, it would be considered appropriate. You've no right to insist on a refund. If the replacement is not capable, that is a different matter.

If you are given a refund, you are likely to be required to give the original item back and if not you certainly aren't going to get any further support for it.

njs030

drag0n79 wrote: »

Hi all,
Would appreciate some advice on this.

Bought an expensive item for my home from an Irish company. Item required adjustment and repair within 6 months of installation. Have been down a long road of repairs and finally offers to replace. Comes to replacement time now (2 years later) and the company do not offer that product any more. They offer an "equivalent" which is quite different and does not suit us. They say it is higher quality but the company has lost our trust anyway so we do not believe that. Either way we do not like the new product.

What are our real options, do we have to accept the replacement at this stage or is a refund possible. If we take a refund, are continued repairs/adjustments still available to us on the original product under the original warranty?

Thanks

It's generally up to the company what they offer in terms of replacing or refunding not the customer. You could ask for a refund but you would be expected to return the item to them then. Why do you think you would get a refund and keep it?
What is it?

drag0n79

notjustsweet wrote: »

It's generally up to the company what they offer in terms of replacing or refunding not the customer. You could ask for a refund but you would be expected to return the item to them then. Why do you think you would get a refund and keep it?
What is it?

Thanks.

In this case, the item is faulty, and if the company took it back then it would only be to destroy it. It is not usable by any other customer.

However, I could keep it and continually repair it, which would be a hassle but as I say the new product is very different and the original product is no longer available. I am wondering if I could at least get a partial refund since the product is faulty, and I would be "saving" them the production of a new product.

In general a faulty product can be replaced, however in this case the company cannot do that since the original product is no longer available, due to the company delaying the replacement process by over a year.

drag0n79

L1011 wrote: »

If the replacement is capable of doing what the original item is, it would be considered appropriate. You've no right to insist on a refund. If the replacement is not capable, that is a different matter.

If you are given a refund, you are likely to be required to give the original item back and if not you certainly aren't going to get any further support for it.

Thanks.

Regarding your comment "If the replacement is capable of doing what the original item is...", while functionally the product will do the same thing, the product has a large aesthetic component, and that aspect is no longer available in the replacement.

I do not know what the consumer rules are in that case (it would be like getting a replacement car that was a completely different model - functionally the cars are the same but in many respects they are different products, if you know what I mean).

My query regarding the refund...perhaps not a full refund but a partial refund from the company for supplying me with a faulty product - do you think that would be possible?

L1011

Its unlikely but you could ask. Warranty support will be gone in any such circumstance though.

Lux23

These are the rules from the CCPC's website.

http://www.consumerhelp.ie/faulty-goods


Replacement

If it is impossible to repair the item, or if it is more convenient than repairing it, then the seller may replace it for you. For example, if you bought a laptop and it overheated, causing significant damage to itself, it may be very difficult or even impossible for the seller to have the laptop fixed for you, so they may offer to replace it instead. If you opt for a replacement, it should be the same as the item you bought, or of similar quality and price. You should not have to pay extra for a replacement and should be given the difference in price if the replacement costs less than the item you originally bought.

So capable of doing the same job really doesn't come into it. They shouldn't replace a €400 item with a €200 item for instance.

rubadub

Did you ask for other replacement options. Even paying more for a better model, or money back for a cheaper one.