Faulty boiler, would like it replacing?!

[neg213]

I had a new combi boiler installed less that 12 months ago, last week we had to get the manufacturer (under the 12 month guarantee) out to repair it as one of the parts had packed in. They came out and fixed it, but now something else has gone wrong with it. Can i insist that they replace the boiler instead of repairing it, as there appears an inherent fault with it, and under which law does any request to replace it fall? Many thx

[Law Student]

If you can PROVE that there was a fault with the boiler at the time of manufacture, and that it was not possible for you to discover the fault until now, you might be able to bring an action under consumer legislation. This would be VERY difficult and extremely expensive to do.

Otherwise you're working with contract law and the terms of the warranty. I think you're unlikely to be able to force the company to replace the boiler.

As ever, for proper legal advice please contact a solicitor.

[themas]

Look online at Which? magazine. They run a legal advice service (which you have to pay for, but a lot cheaper than a solicitor). You may still be able to argue under Sale of Goods legislation that the boiler is not fit for purpose. After all, this type of thing should last years without causing problems.

[yummymummy]

Basically, if you approach the manufacturer you are bound to the terms and conditions of the guarantee, which may say a replacement is an option or it might not, either is fine.

The other option is to approach who you bought it from and claim something from them under your legal rights (Sale of Goods Act).

[JJ1969]

If you have the time and patience to pursue this matter you may be able to make a claim in the smalls claim court for breach of contract under the Supply of Goods and Services
Act 1982 s.4 and the Sales of Goods Act s.14.

If you paid by credit card or on finance it may be worth checking out ...as you are afforded some protection under the Consumer Credit Act.

Good luck

JJ