We've just bought a new fireplace. During fitting, the fitter said "we've spotted a fault in the stone, do you want us to carry on?", I said no. The guys finished up, and said someone would be in touch. We've since had a call from the supplier saying they'll be sending someone to repair it – I don't want it repaired, I want a replacement. Can I demand a replacement? After all, the fault is apparent before fitting and I have rejected it before fitting.

TIA

Repair might be replacement of that bit of stone?

without really understanding which bit is faulty, how it has been left and how it's all fitted together, i would say that if it is visibly and structurally the same as a brand new one then you would probably be expected to accept it, if not then you could insist on a brand new… one.

Under the sale of goods act your rights are to repair, replacement. refund if the goods are faulty. Your choice.

However if in this case the repair is such as to be invisible – ie replacement of one section then why fuss?

I'd see what the repairman is intending to do myself.

I don't really want to go down the repair route TBH, I think once you've started down that route it makes it more difficult to go back. There are 2 faults, one is am air pocket in the stone which already looks to have been filled (badly!) and a chip out of the mantelpiece. It's been partly fitted, it's the top 3 pieces that are left and the top 2 have faults that would be visible when fitted.

ring them up, point out the list of faults, point out that under the sale of goods act you want them to either replace the whole thing with new or remove it and give you a full refund. no repair. if they say they don't want to/have to, let them know you'll arrange for it to be removed and returned to them and will send them the invoice for that work.

It's all covered by section 14(2) of the act, by the way.

Cheers, it's the replace thing I wanted to clarify as they're saying they've got the right to repair first (their choice).

Just refuse it, on something which is primarily ornamental you should not expect it to arrive with faults and be expected to live with it. Find the actual wording of the sale of goods act, I'm fairly sure it doesn't say they have the choice.

They are simply wrong. many many reatilers try this as the provisions of the act are onerous and possibly a bit unfair on retailers but that is what they are.

Its repair, replace, refund – buyers choice. siple as that.

If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

http://www.which.co.uk/advice/understanding-the-sale-of-goods-act/your-rights/index.jsp

s48B Sale of Goods Act 1979 – the buyer may require the seller (a) to repair the goods; or (b) to replace the goods. your choice.

Cheers all, they've graciously agreed to replace 🙂

I had to get a bit shirty though and now I feel bad – WTF is that about! :-$

good show, glad to help 🙂

it's a weird by-product of asserting your consumer rights that you feel guilty for doing so. fight or flight kicks in. 😀