Caravan warranty

mooknight

We have a caravan which will shortly be coming to the end of the warranty period.
Have just discovered a crack in the shower wall from the top to halfway down in a curved part of the wall.
The warranty States that the shower is only covered for 2 years and I have known other caravan owners who have had the same issue get told that they cannot claim under warranty.
My question is how strong a case do I have under the sale of goods act as I do not feel that a main part of the van such as this should deteriorate in such a short time but am I scuppered because of the small print?
Thank you

frugal_mike

The small part in the warranty has no effect whatsoever on your rights under the Sale of Goods Act. If the fault is inherent (as opposed to fair wear and tear, accidental damage or misuse) then the seller must offer a repair, replacement or refund. The buyer can state a preference, but can't force the seller into an option that is impossible or disproportionately expensive. If the seller offers a refund they can reduce it to account for usage of the caravan so far.

However since it is more than 6 months since purchase (the OP implies it is at least more than 2 years) then the burden of proof is on you to prove the fault is inherent. If the seller refuses to help then you will need to get an independent report claiming the fault is inherent. If the report finds in your favour then you can claim back the cost of that from the seller.

Also note that Sale of Goods Act has a statute of limitations of 6 years from the point of purchase. If its more than 6 year since purchase then you cannot take the seller to court if they refuse to help. Your OP doesn't say specifically how long its been since you bought the caravan. Is it more than 6 years?

mooknight

Thank you for your response Mr Frugal.
The van is just under 3 years old.
I do not feel that the fault is due to misuse or accidental damage and I also do not feel that it should be classed as fair wear and tear - surely this is part of the fixtures and fittings?
It feels as if they know it's a possible common issue so they reduce the warranty period - can't see why else they would do it when the rest of the van is covered for 3 years.

frugal_mike

Well I can't tell you if its fair wear and tear or an inherent fault, only an expert could tell you that. I wouldn't be happy with only 3 years use out of it, especially if its only occasional use.

Have you contacted the company you purchased the caravan from? They are the ones that need to supply a remedy (if the fault is inherent). If they refuse to help then you will need to get a report from an independent expert showing that the fault is inherent.

Buzby

A caravan suffers stresses from towing and siting - it would be difficult to blame a fault as inherent if similar models do not suffer the same fault. In your situation I would seek out similar owners (club, group?) and compare notes. This would give you valuable info on whether you're in good company, or on your own!

mooknight

Thank you for your advice

Oli.s

Maybe something worth speaking to the caravan club about if your a member, they may have a consumer support section or may assist you and other owners with the same caravan if it's a common fault to that model it putting some pressure on the manufacturer, your consumer er rights are one thing but don't underestimate the power of bad press.