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Whose responsibility

24

Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Nicky321 wrote: »
    The company are replacing the barrel, however they will not reimburse us for the keys we had cut.
    Can you not ask the company who are replacing the barrel to supply six extra keys?

    More companies would be prepared to do that rather than actually pay out real money.
  • ThumbRemote
    ThumbRemote Posts: 4,752 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Yes, your're right, it does, it happened to me with a very expensive lock when my mum got a key cut in Timpsons.

    I presume, in this case, you claimed from Timpsons for the damage.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No, my mum took the barrel to a locksmith and got it repaired. Anf got a genuine key cut at the same time.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • Nicky321
    Nicky321 Posts: 1,426 Forumite
    wealdroam wrote: »
    Can you not ask the company who are replacing the barrel to supply six extra keys?

    More companies would be prepared to do that rather than actually pay out real money.

    I could give it a go, although i am not prepared to pay more money for the keys. After losing £20 in the first set of keys.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Nicky321 wrote: »
    I could give it a go, although i am not prepared to pay more money for the keys. After losing £20 in the first set of keys.
    Although I didn't say it, I was suggesting that the barrel supplier might supply the extra keys at no charge.
  • Nicky321
    Nicky321 Posts: 1,426 Forumite
    wealdroam wrote: »
    Although I didn't say it, I was suggesting that the barrel supplier might supply the extra keys at no charge.

    The barrel was supplied by the company who fitted the door.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Nicky321 wrote: »
    The barrel was supplied by the company who fitted the door.

    What he meant is that the company may be more willing to provide extras rather than pay for you to get more cut as the first option may actually be cheaper for them.

    SoGA still applies. And if there is a fault and you suffer a loss as a result of that fault, yes they can be liable for those costs (providing the loss is not too indirect - and personally I think this is a direct loss so should be covered).

    In effect, there has been a breach of contract and it is up to the company to rectify that breach by putting you back into the same position you would be in had the breach not occurred (ie with a working door and 9 keys)
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    Nicky321 wrote: »
    Found the contract,

    14. The company guarantees for the period that the customer remains in occupation of the installation for the following:

    14a. In cases of outward opening windows the company guarantees for a period of 10 years from the date of installation to replace or repair free of charge any PVC extrusion which proves defective due to faulty workmanship or faulty materials.

    14b. The company similarly guarantees insulating glass for 10 years and all hardware for 10 years except door barrels which carry a 1 year guarantee. Any guarantee will only take effect once full settlement of the contract has taken place.

    This is the only bit of the contract relating to the door and barrel i can see.

    The section you need to look at is about liability. Most will exclude consequential loss
  • Nicky321
    Nicky321 Posts: 1,426 Forumite
    edited 12 March 2013 at 5:02PM
    The section you need to look at is about liability. Most will exclude consequential loss

    I cannot see anything about liability, within the whole of the contract.

    14d. Fascia and soffit installations are guaranteed for 10 years, excluding gutters and fittings which are guaranteed for 1 year. Guarantees do not cover accidental damage or breakage of glass howsoever caused and the Company cannot be held responsible for normal wear and tear, misuse of the products or failure to comply with maintenance as detailed in the Companies aftercare leaflet. It is requirement of guarantee that the materials be cleaned with warm soapy water every 2 months. all locks and moving assembles should be lubricated every 3 months.

    16. All terms of the contract between the Purchaser and Company are contained in this document. No representation or warranties are made or given by the Company save as appear herein. No variation of or addition to the work specified in the schedule shall have effect unless agreed in writing.

    18. Compliance with Laws and Regulations it is a condition of this contract that the purchaser ensures that every applicable statutory order or by Law in compiled with and that local authority planning permission is obtained and complied with. The company shalt not be liable for any delay, cancellation, loss or damage arising out of the Purchaser's breach of this condition.
  • Nicky321
    Nicky321 Posts: 1,426 Forumite
    The purchase was made on a paid deposit and finance over 2 years at 0%, not sure if this has any effect.
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