Consumer remedies when buying faulty goods

Replacement of installed faulty consumer goods

Businesses selling consumer goods will not be pleased by a recent European Court of Justice decision concerning the replacement of installed faulty consumer goods. The court held that, where defective consumer goods are installed by the consumer before the defect became apparent, the seller must either remove the defective goods and install the replacement goods itself at its own cost, or bear the cost of removing and installing the replacement goods. This will apply even if the seller did not install the goods in the first place, so may be outside of the seller's original contractual obligations.

If replacement is the only remedy, a seller cannot refuse to replace the defective goods because the cost of removal and reinstallation would be disproportionate, considering the value of the non-defective goods and the significance of the defect. However, a seller may limit the consumer's right to reimbursement of the cost (of removal and installing the replacement goods) to payment of a proportionate amount.

Businesses should be encouraged to review their existing terms and conditions for supply of consumer goods to ensure these do not require a consumer to pay for any removal or reinstallation of defective consumer goods that have been installed. This checklist sets out the different remedies available to consumers when buying faulty goods.

For further information, contact our Dispute Resolution Team.

Contact us

O'Neill Patient Solicitors LLP
Chester House, 2 Chester Road, Hazel Grove,  Stockport, Cheshire, SK7 5NT

Telephone:

0161 694 3000 / 0161 483 8555

E-mail:

info@oneillpatient.co.uk

Fax:

0844 576 2140 (we do not accept service by fax or email)