Re: Can I demand a part refund?

On Mar 24, 3:13 pm, Peter Parry <pe...@xxxxxxxxxx> wrote:
On Tue, 24 Mar 2009 07:05:38 -0700 (PDT), Peter Spikings

<pe...@xxxxxxxxxxxx> wrote:
On Mar 24, 1:35 pm, Peter Parry <pe...@xxxxxxxxxx> wrote:
It might be clear to you, it isn't quite so obvious based on what you
have said so far.  

Well let's put it this way: I asked for unit + bulb, they quoted for
unit + bulb, I accepted said quote and paid in full, they supplied
unit without bulb.

You ordered a second hand unit and bulb, they didn't have one and
offered a new replacement at the same price.  Whether the terms were
the same is obviously a matter of dispute between you and the
supplier.

OK, they didn't tell me that the terms had changed so surely they
didn't change? What they said was that they were sourcing me a new
unit as they didn't have any in stock, absolutely no mention of the
bulb was made at any point before delivery except when I initially
asked for the quote.

I would have thought I could demand that they either complete the
contract or provide suitable remuneration for failing to do so. So the
law says then that if you order two of something and only receive one
your only options are to return for refund or accept it if the seller
won't refund the difference in cost?

Your (only) immediate legal right is to cancel the contract.  In
practice you can often renegotiate the terms but you are not bound to
and the other party can decline to offer different terms.

Fair enough, I'm declining their new terms of not providing me a
bulb :)

I see what you're saying about oen side not being able to change the
contract without the consent of the other but isn't it them that's
trying to change the contract?

No, they could now refuse to take it back as by using it you have
accepted the goods.

Well, OK. I'd have that battle then if I had immediately tried to
return it. Been through that quite a few times.

If you had returned it under the DSR's then usually you would have to
pay the return postage but the supplier would have to reimburse your
initial purchase price including outward postage.  

This is a bug bear of mine.... Under the DSR's when the customer
cancels the supplier is always liable for the outbound postage.
Liability for the return postage is with the customer if he decides he
doesn't want it anymore but with the supplier if the item(s) are
faulty or incorrectly supplied (as would be in this case). However I
often have to fight to get them to pay for the return postage!
.

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