Our rights when buying a dumper which is faulty


(Kate Ryley) #1

Hello,


We bought a second-hand dumper from a business a few weeks ago for our building project. We noticed, when we tested it, that the brakes were a little spongy and so we asked them to check and repair brakes before we bought it. We paid for them to deliver it to us and when trying it out the day they delivered it, we found that the brakes were still faulty and on removing the wheel we found that one brake cylinder is leaking.


We spoke with the company who sold it to us and they said they'd source a part for us. They have now come back to say they've ordered it but the delay for the part will be minimum 5 months and they are offering another dumper to replace ours instead of repairing it. The alternative dumper is newer but not such a good brand as what we have now.


Do we have the right to ask them to take it back and return our full payment, including the delivery charge? BTW I have found the part in the UK and it is readily available but costs over £400........


Any thoughts?


Cheers,


Kate


(Kate Ryley) #2

Just to update everyone; we received free replacement brake parts from the supplier of the dumper and we fitted them this week and all working fine now. Took a few months but worth the wait to get it done. Thank to everyone for their advice.


(Carl Alban) #3

What part are you waiting for? (part number and description if you can)


(Kate Ryley) #4

Thank you for this Guillaume. It's very helpful. We are still waiting for the seller to find a cheap part to fit the dumper and the brakes are now dangerously bad. It was not a vice caché as such because we'd found a problem with the brakes before we bought it and he said he'd checked them and there was no problem. We found the problem was still there once we took delivery and questioned him and now he says he will find a part to replace it but won't pay the new part cost from a dealer so we have to wait for a cheaper part or take an alternative dumper. We were not sure if we had the right to return the dumper and get a full refund or if we had to accept that he will fix it in his own time. We will challenge him and see what he says. Best regards, Kate


(Guillaume Barlet-Batada) #5

Dear Kate,

I do not know if you have managed to obtain a refund but just to clarify your situation and assuming that the faulty brakes can be deemed a "latent defect" (vice caché), your choice would be:

- A cancellation of the contract (i.e. return the machine and refund),

- A reduction of the price (you would then be liable to carry out your own repairs),

- Repairs by the seller.

In this case, Terry Williams's suggestion to contact a local consumer group is your best option. You may also have legal cover in your business insurance policy.

I hope this helps.

Kind regards,


(Kate Ryley) #6

Hi Carl, I have spoken directly to Thwaites and although only a year 2000 model, the part is no longer made and they have to take them off the few spare axles they still have in stock. £432 each! Quite the shocker! Can't find anyone who makes or reconditions them. Thinking it'll be better to ask for our money back if we have the right to do so....


(Carl Alban) #7

£400 for a wheel cylinder? Are you sure?

I have fitted/repaired oodles of wheel cylinders in my time and they don't cost that much.

Can you give some details?


(Terry Williams) #8

Kate, go to useful links/consumer affairs. You will find advice there.