Can I refuse to pay unfair and unexpected bill?

scarlet_shoegal

Apologies in advance for the long post but I'd be most grateful for any help!
I recently purchased a commercial washing machine on behalf of my company to replace one that had reached the end of it's life. I ordered online from Appliance Warehouse requesting to also take out the additional 3 year warranty and for our in house maintenance team to install the product.
Later, I received a call from the company saying the extended warranty wasn't possible on a commercial machine and shouldn't have been offered it - just one year only. They also wanted to check what sort of plumbing fitting I required and whether the machine was to have a single or three phase electrical connection. I checked with our electrician and requested single phase with a pump drainage system.
The machine arrived and was installed as per the installation guide supplied. However, on it's first run an error message came up and once reset, the machine smelled of burning and water poured over the soap drawer. The team double checked the installation was correct, (it was) and I called the company for a refund as the machine was faulty. They said they couldn't do this without an engineer checking it first and that they would get someone to site the next day.
On his arrival, our maintenance guys went with him to look at the machine. He ended up opening it up, disconnecting one of the elements and rewiring it, saying he had seen this problem before as we had a three phase machine, but had wired it as single. We explained that was what we had ordered and there were no notes in the installation to state any changes had to be made. However, when he filled out his notes, he said the machine had been incorrectly installed but refused to write in why. We therefore refused to sign the paperwork and he left.
On contacting the company again, the attitude was completely different. The guy on the phone was dreadful and told me it was our fault - that all these machines are sold as three phase as standard and we should have known to wire it differently. I asked if that was the case why he had asked me which connection I needed before I purchased and why didn't the manual state this? I was told that was nothing to do with them and if I didn't like the manual I could email my suggestions for improvement. He also said that I shouldn't have had it installed without using the engineer service as the warranty wouldn't be valid without it. I again asked why this was an option then and why I wasn't advised of this? I was again told it was my problem and I shouldn't expect, "BA service when you've come to Ryanair".
After a very upsetting conversation, I let the matter go, but have now received a bill from the engineers firm stating that we owe them £230 for the visit due to our incorrect installation. I'm furious, as I had a competant person install the machine and he followed their instructions to the letter. Am I entitled to refuse to pay this bill and how should I handle that?
Thanks in advance for any advice received!

fluffnutter

You could simply refuse to pay it and let them take you to court, bearing in mind the stress that debt collectors etc. might cause. Write to them arguing that this was correctly installed and the problems were due to an inherently faulty machine and under the SOGA it's their job to prove otherwise, not your job to prove it was the case. This is nothing to do with invalidating the warranty by fitting it yourself; the SOGA states that any fault is deemed inherent if it develops in the first six months.

If they can prove the fault developed due to your installation they might be able to pursue the money. But refusing to explain or document why doesn't strike me as 'proof'. Let them take you to court (if they even bother). I think you'd be able to argue successfully that you didn't cause this problem and hence are not liable for any repair costs.

shaun_from_Africa

fluffnutter wrote: »

This is nothing to do with invalidating the warranty by fitting it yourself; the SOGA states that any fault is deemed inherent if it develops in the first six months.

Don't forget that the purchase was a commercial transaction.
The 6 month stipulation is only for consumer purchases so wouldn't apply in this case.

fluffnutter

shaun_from_Africa wrote: »

Don't forget that the purchase was a commercial transaction.
The 6 month stipulation is only for consumer purchases so wouldn't apply in this case.

Oops, sorry. Ignore my advice then.

arcon5

Even so, I think if a judge was presented with the fact a qualified person installed the equipment, in line with the instructions provided by the seller, the judge would be looking for some form of counter argument to justify their conclusion that they had been negligent when installing it.

If there is even the slightest of chance that a mistake or wrong assumption could have been made then make a lower offer to settle the bill.

fluffnutter

I do think it's an issue that the engineer refused to explain or document precisely why the installation was incorrect. I admit my advice re. the six months rule was incorrect given that this was a commercial purchase, but I still have grave reservations about the professionalism and conduct of both the maintenance guy and the customer service agent on the phone.

As arcon5 says - this is eminently worth pursuing. There's simply no evidence to suggest that your installer did anything wrong. (He might have done of course, but the evidence needs to be presented).

arcon5

fluffnutter wrote: »

I do think it's an issue that the engineer refused to explain or document precisely why the installation was incorrect. I admit my advice re. the six months rule was incorrect given that this was a commercial purchase, but I still have grave reservations about the professionalism and conduct of both the maintenance guy and the customer service agent on the phone.

As arcon5 says - this is eminently worth pursuing. There's simply no evidence to suggest that your installer did anything wrong. (He might have done of course, but the evidence needs to be presented).

Your advise wasn't necessarily incorrect. Yes commercial transactions can legally contract out statutory rights, but the simple fact it is a B2B transaction doesn't necessarily mean you don't have standard protection.

It all comes down to what's in their terms. They would usually also have strict procedures for raising disputes, otherwise if the contract could put one party at a significant disadvantage and be deemed unfair.

It may well come to light that the terms state the customer is responsible for ensuring they install it correctly which the invoice will be based on -- but since installed it in accordance with the guidelines I really don't see how they can be responsible for the issues.

But thats just my opinion, whether they have a case or not would need to be judged by a qualified professional costing hundreds of pounds.

Fergie76

Just out of interest, what has come of the washing machine? Has it been repaired?