Must I pay to replace a discontinued faulty item?
No automatic upgrade charge applies to a consumer's statutory repair or replacement: the seller bears necessary costs. An impossible replacement may mean another remedy. Business purchases and separate warranties need their own terms checked. Factory comparisons can be supported by Cambridge China Bridge.
Establish whose purchase and which claim
A consumer is an individual buying wholly or mainly outside their trade, business, craft or profession. If you sell imported goods, distinguish your customer's claim against you from your business purchase from the supplier. Start by asking whether the proposed upgrade charge concerns statutory remedies, a seller warranty or a manufacturer warranty.
Your business purchase needs assessment under its supply contract and applicable business sale rules. Do not assume the consumer replacement procedure determines your supplier claim. Use our UK seller supply terms guide for that contract review, then collect the invoice, original specification, fault evidence and seller's written offer.
Discontinuation does not itself justify a charge
Where a consumer is entitled to statutory repair or replacement, the seller must bear necessary costs, including labour, materials and postage, and act within a reasonable time without significant inconvenience. Treat a compulsory upgrade payment attached to that remedy as something to challenge. Ask the seller to identify the remedy it is providing and explain the charge.
A consumer cannot require a remedy that is impossible or disproportionate compared with the other remedy. Ask whether repair remains possible and what replacement stock was checked. If the seller proposes extra features for an additional payment, request a separate optional offer alongside its proposed resolution of the fault.
Read the separate warranty promise
A free consumer guarantee creates a contractual obligation on its guarantor under the guarantee statement and associated advertising. Paid extended cover does not remove statutory rights. Ask who made the promise and request the wording covering discontinued models, equivalent replacements, depreciation, refund limits and upgrade contributions. Do not assess a charge from the warranty's name alone.
For a business warranty, follow the warranty administration guide rather than assuming consumer remedies apply. If the seller relies on expired cover, our claims after warranty expiry guide explains the separate durability and evidence assessment. Ask the seller to answer the warranty claim and any statutory claim separately.
Compare the substitute with what was supplied
Request the substitute's exact model, condition and specification. Compare capacity, dimensions, connections, controls, accessories, software compatibility and intended use with the original purchase. Record lost functions as well as added features. A newer model or higher advertised price does not establish that it suits the application.
Ask who pays for necessary adapters, delivery and installation, and what support accompanies the substitute. Use our discontinuation planning guide for factory support and replacement qualification. Cambridge China Bridge's staff in China can help request model comparisons and factory records; keep buyer approval explicit before accepting a substitute.
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Assess the refund and record your response
When neither remedy can be required, a consumer may choose a price reduction or final rejection. A final rejection refund may be reduced for use, subject to statutory restrictions. Ask an adviser to check a disputed deduction against the purchase history and product type.
For a consumer rejection refund, the starting point for money paid is the amount paid under the contract, subject to applicable deductions. Compare the offer with the original payment, then request a written calculation and collection arrangements. Reply stating your preferred remedy, reasons and unresolved questions. Before accepting settlement wording, have any disputed release of further claims reviewed.
Frequently asked questions
Can a seller charge me because my faulty model is discontinued?
Discontinuation alone does not establish a charge. For an entitled consumer's statutory repair or replacement, the seller bears necessary costs. Ask which remedy and terms the charge relates to.
Must I accept the newer replacement model?
Ask for its exact specification and condition before deciding. Compare compatibility, lost functions, accessories and installation needs, and request the seller's alternative proposal.
How do I check a partial refund offer?
Compare it with the original payment and ask for a written breakdown of every deduction. Have disputed deductions checked against the claim route, purchase history and product type.
Do the same replacement rights cover my business order?
Your business order needs separate assessment under its contract and applicable business sale rules. Check the warranty, substitution wording and proposed settlement with your adviser.