Faulty Part Fitted By Company, Am I Liable To Pay For Labour Twice?

Dominic-Toretto · 21 Oct 2020 at 16:21

Long story short:

My heating system was recently repaired by Company X. Company X ordered the replacement part directly from the manufacturer. The supplied part is faulty, this part will now have to be fitted again, for which company X will bill me for the labour.

Should I be picking up this bill? It feels wrong that I have to pay for labour twice because the manufacturer provided a faulty part. Who should be paying the bill for labour here?

Do I have a leg to stand on here? Or would it be unreasonable of me to expect the manufacturer to pick up the labour charge.

Thanks all for input.

friddela · 21 Oct 2020 at 16:25

The repairer supplied the part and would have thought they'd be liable for any costs. They can then choose to claim any costs back from the manufacturer.

HoneyBadger · 21 Oct 2020 at 16:29

I wouldnt expect to pay twice, this is beyond your control. I would expect the company to fit it free and then take it up with the supplier if needs be.

Rotty · 21 Oct 2020 at 16:34

No chance should you be paying twice if they supplied the part

OldKitMan · 21 Oct 2020 at 16:48

similar situation, wife got a new caliper on her car, went faulty soon after, garage who sourced the part and fitted it sourced a replacement and fitted it for free.

also, same garage fitted some new rear shocks on my car, I supplied them and they charged for labour, one made a knocking noise soon after, replacement was obtained by me for free but garage (rightly) charged me 15 minutes labour or something to fit it.

alchal · 21 Oct 2020 at 17:49

No way should you be paying for someone else mucking up.

Terminal_Boy · 21 Oct 2020 at 17:55

Nope, you shouldn’t be paying for a replacement part being faulty or being fitted incorrectly.

touch · 21 Oct 2020 at 18:05

Is the part actually faulty or is it just not up to your exacting standards? (like restaurant cutlery or hotel bedding)

Dominic-Toretto · 21 Oct 2020 at 18:17

touch said:
Is the part actually faulty or is it just not up to your exacting standards? (like restaurant cutlery or hotel bedding)

It is actually faulty. It does not work.

Dis86 · 21 Oct 2020 at 18:25

Hell no. You purchased it through them. It's their responsibility.

2004typer · 21 Oct 2020 at 18:37

Agree - no way should you pay a second labour charge.

Malevolence · 21 Oct 2020 at 18:44

Your contract is with Company X, not their supplier. So if Company X fitted a faulty part then surely the onus is on them to fix it free of charge.

[FnG]magnolia · 21 Oct 2020 at 18:51

Unless the fitting company is somehow claiming that the part has become faulty after installation - which you would have made clear in your OP so don't pull that surprise out of the bag now - then no, their liability doesn't magically disappear because they've been supplied with an already faulty part.

However, and as always, what have you signed? They might have some non-enforceable but funky wording which reduces to: "Just LOL if you think we're responsible for any of this and we'll gladly charge you until you take us to court, nooblet."

Dominic-Toretto · 23 Oct 2020 at 13:35

Just had a call from the fitting company saying they can provide a new pump free, but they will have to charge for the labour. They are saying that I can liaise with the manufacturer for a refund of the labour, but there is nothing they can do. He stated it is not their fault that the pump was faulty, and they should not have to pay for their engineers time for a problem that is not their fault.

Any advice on how to proceed? Any specific law that can be cited that is relevant?

jpaul · 23 Oct 2020 at 13:49

posting from google was faster https://forums.moneysavingexpert.com/discussion/5618517/faulty-goods-refitting-costs

It's in Section 23 of The Consumer Rights Act:
(2) If the consumer requires the trader to repair or replace the goods, the trader must—
(a) do so within a reasonable time and without significant inconvenience to the consumer, and
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
So the seller must cover the cost of refitting the faulty part.

But remember, it is whoever sold the thing to you that has that responsibility.

ahar · 23 Oct 2020 at 13:49

If they're being funny about it, I think the only route is small claims court against the fitting company. I'm assuming that you have no contact or contract with the pump manufacturer - the contract you have is with the fitter. I'd assume that you contracted with the fitter to repair your heating - the heating is not repaired. Payment withheld until the service contracted for has been completed. The fitter can take it up with the manufacturer - you can't as you never had a contract with them.

Of course, all depends on the T&C with the fitter

Dominic-Toretto · 23 Oct 2020 at 15:57

Just had a conversation with them and was put through to the business lead, I tried to come up on a amicable solution but ultimately they had a bad attitude and I can not say I appreciate the way I was spoken too. I informed them I would be taking them to small claims citing Section 23 of the CRA 2015. The business lead claimed the CRA won't hold up in court. She also wants me to send an email to her listing my issues and evidence so she can review and make a decision. Do I have to follow this procedure or can I go straight to small claims?

It feels like she is buying time / trying to find a way out. Do I have to send her an email, will this look negative in court if I do not follow the company complaint procedure? She was adamant that she should not have to pay her engineer out of her own pocket to fit a part that was faulty and not her fault.

Edit: They also offered to send me the replacement part for "free". They mean the part that I paid for already and they got as a warranty replacement from the supplier. lol

What are your thoughts here guys.

Edit: They also have a website that states "12 Months Parts and Workmanship warranty with all of our work". She also disagreed with this and said she did not even know the site had that on.

Semple · 23 Oct 2020 at 16:04

Squidward said:
They put me through to the "business lead" who claimed the CRA won't hold up in court.

I would have asked her where she got her law degree from.

inogen · 23 Oct 2020 at 16:10

They sound like right cowboys.

My only experience of anything like this is some warped brake discs. They were under warranty. The garage I used replaced them with zero charge for labour. They only use one parts supplier and essentially pay a premium on every part which allows them to claim labour back from the parts supplier for warranty replacements.

inogen · 23 Oct 2020 at 16:11

Semple said:
I would have asked her where she got her law degree from.

Indeed. An act of parliament that won't stand up in court. Yeah. Righto.