It’s all well and good quoting various bits of legislation but back in the the real world it will be far quicker and easier for all if the forks go to Fishers. They fix them and get them back to the OP which I guarantee will be quicker than testing the Sale of Goods Act in a court. Embrace a system that works well enough for most people rather than fight it.
What some punters forget is that retailers and distributors have to protect themselves from the small percentage of the buying public that are at best chancers and at worst scammers.
There’s a thread going at the moment with some one slagging off Wiggle because they are dragging their heels on a warranty replacement that he is not even entitled to as he is not the original owner.

Matt, I wasn’t going to mention that thread, but yes case in point.

I’ve seen alot of attempted scams in various forms over the years, hence spending the time to try and explain why things work in the way they do.

The legislation is there to protect customers in a worse case scenario I think as every retailer I’ve dealt with/worked for have been pretty good on faults generally.

Good grief what is all the agro?

It’s a bit of bubbling paint. From experience Fishers are pretty damn good at sorting things out quickly so just get the forks back to them and get the CSU replaced.

Ask your bike shop if they have any spare forks they can fit for you to use if it’s going to be more than a week.

looks like I have opened a can of worms

This is just the start of it. I would sue the retailer, Fishers, Rockshox and STW, who have facilitiated this discussion and are thus legally implicated in the issue, in the US Supreme Court. You should at the very least recover around $2-3 million in damages for distress caused by having to read TJ’s endless gerbillings. As a best case outcome, you may be able to force Rockshox and SRAM into bankruptcy and cause their assets to be sold off to rectify the problem you’re experiencing. Just saying.

But what do I know, Tandem Jeremy is, after all, a legal professional, isn’t he? 😉