B&Q flooring complaint

Sam2007

ajthatcher45 wrote: »

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

As I just said in another post, first check how you paid for it - you may be able to hold a creditor jointly and severally liable for the breach eg a credit card provider - and secondly check for legal expenses on your home insurance, if you've had it in continuously in place since you bought the flooring then they may assist with any legal proceedings you bring.

wealdroam

I would like to suggest that B&Q sold you some flooring and included with that flooring was a twenty year guarantee provided by the manufacturer.

So, as more than six years has passed since you purchased the flooring with guarantee, B&Q's responsibility under SoGA has finished.

OP, do you have any documentation for the guarantee?
Does the documentation state how you should get things put right if you need to claim under the guarantee?
Who does it suggest you should contact?

Sam2007

wealdroam wrote: »

I would like to suggest that B&Q sold you some flooring and included with that flooring was a twenty year guarantee provided by the manufacturer.

So, as more than six years has passed since you purchased the flooring with guarantee, B&Q's responsibility under SoGA has finished.

OP, do you have any documentation for the guarantee?
Does the documentation state how you should get things put right if you need to claim under the guarantee?
Who does it suggest you should contact?

Their original obligations under Sale of Goods may be arguable void, however they've still breached a term of the ongoing contract - 20 year warranty for the flooring.

ajthatcher45

no docs re guarantee just original goods description from B&Q's catalogue stating its guaranteed for 20yrs - will check how we paid,think it was on card. As i said B&Q still sell flooring and nowhere does it say guarantee is with manufacturer not B&Q ??

wealdroam

OP, is the flooring B&Q branded?

If it is, then B&Q will have a responsibility for servicing the guarantee... whether or not whoever made it on their behalf still exists or not.

swingaloo

I used to work for a company that supplied kitchens to Bq. Those had a 20 year guarantee but what often caught people out was the wording.

The 20 year guarantee was only against a manufacturing defect. Anything else was classed as wear and tear. Check the wording on your paperwork, it could be the same sort of thing.

neilmcl

Sam2007 wrote: »

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.

If a product has an advertised manufacturer's warranty then it's the legal obligation of the manufacturer, or their appointed agent, to administer the warranty, NOT the retailer. If the warranty was valid at the time of purchase then there's been no breach of contract between the seller and buyer. If it transpires that B&Q are responsible for administering the warranty, particularly if it's a B&Q branded product, then that's a different matter.

swingaloo

As follow up to the post I made last night.

This morning I spoke to a neighbour living opposite. She had BQ laminate laid just before xmas and does still have her paperwork.

Her guarantee is for 15 years but it does state 'This product comes with a 15 year guarantee against a manufacturers defect'.

Our kitchen used to say the same thing. If anyone tried to claim under the guarantee after the first coupls of years they always met with the argument that an inherant manufacturing defect would always show within the fist twelve months.

Unfair and misleading, but hand on heart, can you really expect anything made these days to be reallt guaranteed for 20 years?
After 6 or 7 years you would have a battle to prove the laminate condition was not actually due to wear and tear which will not be covered by the guarantee.

Sam2007

neilmcl wrote: »

If a product has an advertised manufacturer's warranty then it's the legal obligation of the manufacturer, or their appointed agent, to administer the warranty, NOT the retailer. If the warranty was valid at the time of purchase then there's been no breach of contract between the seller and buyer. If it transpires that B&Q are responsible for administering the warranty, particularly if it's a B&Q branded product, then that's a different matter.

OP stated it was a selling point on b&q website and wasn't ever mentioned as a manufacturer warranty

fiddiwebb

Sam2007 wrote: »

OP stated it was a selling point on b&q website and wasn't ever mentioned as a manufacturer warranty

I think you will find it is a manufacturers guarantee not B&Q, the manufacturers guarantee details are either on or inside the packaging.