B&Q flooring complaint

ajthatcher45

Help!
I have complained to B&Q about laminate flooring we bought 7 years ago - it is showing serious signs of wear and tear - has a 20 year guarantee and is supposed to be "durable and suitable for busy areas" they have replied and fobbed us off with- the manufacturer of flooring has gone bust so nothing they can do. We replied saying they are responsible and not manufacturer and that the product they sold us is not fit for purpose - response from B&Q was sorry as over 6 years since we bought flooring nothing else they can do! Advice please on next steps we can take?:mad:

Optimist

ajthatcher45 wrote: »

Help!
I have complained to B&Q about laminate flooring we bought 7 years ago - it is showing serious signs of wear and tear - has a 20 year guarantee and is supposed to be "durable and suitable for busy areas" they have replied and fobbed us off with- the manufacturer of flooring has gone bust so nothing they can do. We replied saying they are responsible and not manufacturer and that the product they sold us is not fit for purpose - response from B&Q was sorry as over 6 years since we bought flooring nothing else they can do! Advice please on next steps we can take?:mad:

The limitation act means that you have 6 years in which to bring court action in respect of the Sale Of Good Act. As it is now over that time you have no right of claiming against B@Q

neilmcl

They are correct. The manufacturer is/was responsible for any warranty. B&Q have an obligation under the Sale of Goods Act but that ran out once 6 years had passed.

cardinalbiggles

neilmcl wrote: »

They are correct. The manufacturer is/was responsible for any warranty. B&Q have an obligation under the Sale of Goods Act but that ran out once 6 years had passed.

5 Years in Scotland.

Sam2007

Not sure about these replies stating the manufacturer is responsible for the warranty... who told you about the warranty that came with the product, b&q or the manufacturer? Since I suspect it was b&q they are the ones liable for it not the manufacturer since they are also the ones that you paid.

As for the limitation act, yes that would be the case but if there is a 20 year warranty that's a 20 year contract, you'd be claiming for breach of that contract not under sale of goods act.

I think a well-worded letter to b&q outlining their contractual obligations to you and alleged breach of those obligations would be appropriate, otherwise you'll be forced to take legal action.

vax2002

You really thought that compressed paper with a wood pattern printed on it would last 20 years ?

ajthatcher45

Hi and thanks for reply - just a few more questions ! even though 6 yr cut off has passed surely B&Q have some obligation as i feel that they have sold me a product that is not fit for purpose - i cant believe that after 6 years i am stuck with a product that looks awful and was by no means cheap flooring to buy in the first place. B&Q are still selling the same flooring in store.
Is it worth writing to administraters of company that manufactured flooring?

Sam2007

ajthatcher45 wrote: »

Hi and thanks for reply - just a few more questions ! even though 6 yr cut off has passed surely B&Q have some obligation as i feel that they have sold me a product that is not fit for purpose - i cant believe that after 6 years i am stuck with a product that looks awful and was by no means cheap flooring to buy in the first place. B&Q are still selling the same flooring in store.
Is it worth writing to administraters of company that manufactured flooring?

Read what I posted.

If b&q told you there was a 20 year warranty with the product that's a term of the contract between you and b&q, that term has been breached if you feel the flooring is now defective. The contract is ongoing for 20 years therefore for you to be 'time barred' by the limitations act you'd have to bring a claim 26 years after you initially bought the goods.

ajthatcher45

As i understood it and reading advice in consumer rights section i thought my 'contract' is with B&Q NOT manufacturer. 20year guarantee is used as specific selling point on website under goods description no mention of manufacturer !
true - but had hoped it would last more than 6 ! too cross to give in yet !!

ajthatcher45

sorry only just read your post -thanks yes that is what i understood it to mean too.
will continue with battle tomorrow !

Sam2007

ajthatcher45 wrote: »

As i understood it and reading advice in consumer rights section i thought my 'contract' is with B&Q NOT manufacturer. 20year guarantee is used as specific selling point on website under goods description no mention of manufacturer !
true - but had hoped it would last more than 6 ! too cross to give in yet !!

Exactly right, hence the manufacturer going bust is not your problem its b&q's. Any remedy you are seeking for breach of contract is against b&q