Is this legal?

[crspaul]

I bought a shower pump from a company in Kent and after few months it developed a fault, I rang the manufacturers who said another company would call me to arrange the repair. When they called they said that I had to provide credit card details before they would attend in case it was not installed correctly. I assured them that as a heating engineer I had installed it correctly but to no avail, I refused to give card details and now I have a faulty shower with a 2 year warrenty that they wont repair. Is this legal or can I insist they repair it?
Many thanks Paul.

[beryllium]

Hi crspaul,
I don't see how they can refuse to fix the shower.
I'm not sure if they can say 'well, your not qualified, or Part P blah blah blah'

So.... I'm thinking maybe trading standards may be worth a call..

Recently, our oven door shattered after using the pyrolytic cleaning lol.....

I too had to ring the repairers. They came out absolutely no problem and most definately did not ask for credit card details.

You must insist they repair it.

BTW. Did you pay by credit card? always useful.

I have stopped payments before now after recieving faulty goods. The bank just takes back the money.

And? if you do give your card details? make sure you ring your bank and tell them they must not honour any payments to said company.

Best of Luck Paul.

B.

[Buenchico]

You've not stated exactly where you purchased the pump (i.e directly from the manufacturer or from another supplier?) or how long 'a few months' actually is.

If you bought the pump from a supplier, other than the manufacturer, your rights are with that supplier not with the manufacturer. So, if you purchased the pump from, say, a plumbing supply company you should contact them, not the manufacturer.

If the pump failed within 6 months of purchase, there is a legal assumption (unless there is evidence to the contrary, such as incorrect installation) that the problem is due to an 'inherent fault' (i.e. poor quality components or poor manufacturing). You can insist that the supplier provides a repair or replacement. (You can indicate which of these two options you prefer but the supplier can reject that option on the grounds of economic viability).

Beyond 6 months (and up to 6 years) from the date of purchase, you retain the same rights to receive a repair or replacement, from the supplier, for a problem caused by an inherent fault. However, it would be up to you to show, based upon the balance of probabilities, that an inherent fault was the most likely cause of the problem. (i.e. there is no longer a legal assumption that a product failure is due to an inherent fault).

So, if you bought the pump from somewhere like a plumbers' merchant, you should return the pump to them and insist that they remedy the problem. (They would probably choose to replace it and then seek compensation from the manufacturer).

All of the foregoing text relates to your statutory rights. A warranty is a 'gift' from a manufacturer and is entirely separate to your legal rights. As such, each manufacturer has the discretion to determine any conditions which apply to the warranty, which might include provision of credit card details.

If possible, you should claim under your statutory rights and

[Buenchico]

. . . not under the terms of the warranty. (If you purchased the pump directly from the manufacturer, you will have the same rights against them as you would against an independent supplier).

Chris

[crspaul]

Thank you for your answers I bought the shower pump online from a supplier, not direct from the manufacturer.
Inside the box was a registration form to be sent off to the manufactuer for the guarentee,also were various numbers for technical, service, ect. I assumed I had to contact them direct as I normally do with gas boilers. The pump is approx 8 months old and I fitted it as per the instructions (I am Corgi and Part P qualified) but the motor seems to have failed.I will contact the supplier on monday and see what they say.
Thanks Paul

[Stu Dent]

CRSPAUL,

You say you bought the pump online from a supplier. How did you pay for the pump? And, did you buy the part as part of your profession or, as a consumer?

You may have rights under the Sale of Goods Act 1979 and, if you used a credit card and the goods cost more than one hundred pounds (and less than 25k), additional rights under the Consumer Credit Act 1974) may also apply.

If the pump is faulty (and therefore not of 'satisfactory quality' under the terms of the Sale of Goods Act 1979