Quick consumer law query please

[CAPP0]

I bought a car radiator online from a marque specialist, which turned out to be a heap of crap, with 4 significant issues. These arose as I fitted the rad, so it has been fitted but not used as the issues prevented the car from being driven.

I've contacted the seller, who has said that they "believe" it will be covered under manufacturer's warranty, (but can't guarantee that) and so in their view I have two options:

1. Buy another radiator from them, and pay for it, and they will credit me for the original if/when the manufacturer accepts it for return

2. Send it back and wait (probably at least 2 weeks) until the manufacturer decides, after which I can have a new one.

I've pointed out to them in no uncertain terms that my contract is with them and therefore I don't really care about what they agree with the manufacturer, and I want a replacement now, but they say that's "their policy" that I have to wait until they get redress from the manufacturer before they can sort me. Surely that's BS under consumer law?

Awaiting a call back from "a manager".

Thanks.

[Sheepshanks]

How cut and dried are the "4 significant issues"?

Is there a possibility they could think it's fine?

[CAPP0]

The issues are:

1. Overspray with what seemed to be metallic particles on all three main water hose connectors; had to be sanded smooth with wet & dry. One of the connector stubs was also slightly out of round.
2. No holes in top flange for fitment of fan shroud push pins.
3. Top clips (original items on car) at each side of radiator do not fit properly, because the radiator stands a few mm too tall.
4. Drain plug had only one O-ring (should have two) and this was not fitted to either of the two correct grooves. Unsurprisingly, it leaked.

Since I posted I've had another call, they have now said that if I return it they will send me an alternative brand and refund the return postage, so I guess that's about as reasonable an outcome as can be achieved, although annoying that I will still be without the car for another few days.

Thanks, I just wanted to be sure of my position before speaking to them again.

[mmm-five]

Sound less like 'significant issues' and more like 'pattern part norm' to me.

I rarely get a pattern part - even from specialists - that doesn't require some 'finessing'.

[KevinCamaroSS]

I agree with mmm5 about the issues likely being pattern part minor issues. You are correct that your contract is with your supplier, not theirs. Also would the distance selling regulations apply as you bought it online?

[CAPP0]

Yes, I guess DSR would apply. The issues, well, yes they probably are due to using a pattern part, albeit that I went for a higher price/standard than the base pattern option, but whilst I can accept a certain amount, the cumulative level of issues left me less than confident that I'll have a working radiator in a couple of months.

Anyway, subject to actual receipt, all resolved now and they will be sending me an alternative brand. Thanks all.