Consumer Rights Act 2015

Megahurtz400

Megahurtz400

Megahurtz400

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Hi all,

Just something to clarify the Consumer Rights Act 2015 for me.

My business sold a piece of equipment to customer via our eCommerce website less than 30 days ago.

Customer has claimed that is faulty, which we don't disagree with and has returned it to us with no box or any of the instructions etc that came with it.

I know under the Consumer Rights Act 2015 we have to issue a refund, but the supplier of said tool is claiming that all they can do is get it repaired.

Where would we stand as a business, as at the moment it looks like we stand to refund the customer, get the tool repaired and be left with a refurbished tool with no box that we will only be able to sell for less than we've refunded.

Seems the only advice I can find online is relating to the consumer in this example.

Cheers guys.
 
Does the item come with any sort of manufacturers guarantee or warranty? The conditions under that should lay out what they would do. CRA is mostly aimed at consumers, a lot of business-to-business elements are still governed by SOGA 1979 as far as I'm aware. Ultimately I would have thought you would have recourse against the manufacturer as a faulty product within 30 days is widely accepted as a basis for an inherent defect from manufacturing. The lack of packaging muddies it slightly, but if no replacement is available then my understanding is they should absorb that cost, not yourself (with exception of carriage).
 
Up a creek without a paddle comes to mind.

I believe if the item was NOT faulty and was just no longer required you could deduct from the refund if not returned as sent out.

If the item is faulty then its between you and the tool supplier and what your contract states.
 
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