Titan tank cracking who is responsible

ozzywoz

I have a similar problem to most on this forum relating to cracks on Titan Plastic Oil Tanks.

My question is - as my tank was supplied by a Central Heating Contractor eight years ago when I replaced my oil boiler, should the Contractor be held responsible for the cost of exchange & reinstallation, as I did not actually purchase the tank myself?

muckybutt

ozzywoz wrote: »

I have a similar problem to most on this forum relating to cracks on Titan Plastic Oil Tanks.

My question is - as my tank was supplied by a Central Heating Contractor eight years ago when I replaced my oil boiler, should the Contractor be held responsible for the cost of exchange & reinstallation, as I did not actually purchase the tank myself?

What guarantee did he give and what warranty does the tank have ? if either are out then you don't have a leg to stand on.

From Titan website - Titan EcoSafe bunded tanks are guaranteed for 10 years providing installation guidelines are followed as per the installation manual provided with the tank and are not subject to outside damage. Part components are guaranteed for 1 year.
Talking Titan single skin oil tanks are guaranteed for 2 years providing installation guidelines are followed as per the installation manual provided with the tank and are not subject to outside damage. Part components are guaranteed for 1 year.

matelodave

It looks as though it's you who'll have to bear the cost of replacement if the tank isn't covered by Titan's 10 warranty (even then they would probably only pay a contribution towards a new tank, not the removal and replacement costs).
Even the Sale of Goods act will only apply up to six years and you would have to get an independent report to confirm that it was either a manufacturing or installation defect.
Have a read of all the documentation to see what warranties you might have but it's very unlikely that the installer will be liable after eight years.

ozzywoz

The tank is covered by the 10 yr Warranty just! ( 2005) I agree it looks like were going to have to bear the cost of a new tank with hopefully a donation from Titan. We've had no reply from Titan so we've arranged a visit by a 'titan Engineer' to look at it & we'll take it from there. It's only a surface small crack at the moment about 2 inches long. You cant feel it on the inside. We're both Pensioners this it going to take a lump out of our savings I don't suppose Building Insurance etc would normally cover it?

matelodave

Building insurance would normally only cover you either for a leak of oil or accidental damage to the tank. A split or crack would probably be classed as wear & tear unless you could show that it was caused by something hitting or moving the tank.
. However there's no reason why you can't phone up the insurance co to ask them. Mine covered the repair and re-instatement of an underground water pipe last year

Mickeyluv

Titan oil tanks were established as being materially defective in court (Kingspan v Borealis), so there's no dispute over the tanks splitting - thousands have done this.

I have recently been through the process of getting a replacement tank, and the guarantee is with Titan. My original supplier had ceased trading during the 10-year guarantee period and the tank had only a few months left under guarantee.

The Titan-appointed engineer was quite affable, but the intention is to discredit the installation in any way possible in an attempt to weaken the customer's case. The rather prolonged visit comprised a superficial visual inspection of the cracks, but an involved assessment of the location, distance from the house, door and window position, examination of base construction and measurement of nearby drains.

What I wanted was a like-for-like replacement but the initial offer was for a bunded tank at full list price, meaning the additional cost was far greater than what I'd paid for the tank originally. This is a stealth move by the company as it probably leaves them in profit overall, given the ratio of manufacturing cost to retail price.

I had already planned my installation of a replacement tank in a new location 15m from my property, with a reinforced concrete base 250mm thick on compacted hardcore. The base was under construction at the time of the engineer's visit and he photographed it and criticized the construction and location. He emphasized the huge fines from the environment agency if a tank should leak. I made the point that if the manufacturer was so concerned about the environment they wouldn't make tanks that deteriorated and cracked with UV, despite being warned of this by their plastic supplier.

In the end I had to assert that the subject of the guarantee claim is the tank, not the installation, and that it had been supplied under that guarantee with a material defect, tested in court.

My result was a tank (only) supplied on a like-for-like basis, but it wasn't straightforward to get to that point. Also, the new single-skin tanks have a 2-year warranty, though the replacement only fulfills the original warranty period. I photographed my new tank internally as I wasn't happy with the construction. It's very thin in places and there's a serious misalignment where the mould-halves don't meet. I reported this to the company's engineer and he deemed it acceptable. Time will tell.

My advice to anyone is not to buy a plastic oil tank as they are a relatively short-term, vulnerable and expensive item. The manufacturer's lack of faith in the product is reflected in the reduced guarantee period. I've also noticed the bunded tanks cracking. The only advantage is the cracked outer skin will screen the inner skin from direct sunlight and prolong its life. My old steel tank was perfectly sound and has a new life in another property. It was originally installed in 1960.

ozzywoz

The 'Titan' engineer looked at our tank & said we only needed a single skin as we met all the requirements for safety. However I remember seeing a post somewhere where someone said that as the Warranty doesn't mention installation then Titan should cover it?(apparently they did in his case ) Titan at the minute are using the fact that as it's not mentioned in the Warranty then it doesn't apply. We'll see

' Expert: Alex Hughes replied 6 months ago.
Hello *****

If the warranty makes no mention of you having to pay any installation charges then you cannot be held liable.

The warranty and associated documents must state clearly what the liabilities of each party are. If the document is silent then you cannot be held liable.

Hope this helps.

Alex
Ask Your Own Law Question
Customer: replied 6 months ago.
Dear Alex Hughes,



Many thanks for getting back to me; as you say I am not liable for the cost of labour on my new tank, I shall now sit tight and wait to see what transpires. '

k1rkyc

I would be interested to know the outcome of this?

Dusty_Vinyl

hi, i thought you might like to know that Titan only changed their single skin warranty from 10 years to 2 years in 2008 once these problems began to emerge from the bad borialis plastic and poor QC, so tanks supplied before then should be covered by the manufacturers warranty for up to 10 years. it is a replacement warranty and not a refund of the original tank, these are the facts and i've been an oil fired plumbing and heating engineer since 1995 and worked on 1000's of oil installations. if customers argue their case with the manufacturer (Titan Kingspan Environmental) they will probably find that they can secure a replacement tank.