guarantee item with huge delivery charge

Raygoon

Hello, I'm looking for some advice. We have a structure made from large wooden poles. One of the poles has rotted so I have contacted the installers who have confirmed that the pole did come with a guarantee and we are within the guarantee period. They have agreed to replace the pole free of charge but want to charge £156 for delivering it. Installation is not part of the guarantee. I have three questions: 1] Should the company replace the item to the site where they originally installed it and take away the faulty item? 2] Do we have a right to collect the pole from the manufacturers and decline their offer to deliver? 3] could we source the pole from another supplier and have a refund accordingly?

unholyangel

Raygoon wrote: »

Hello, I'm looking for some advice. We have a structure made from large wooden poles. One of the poles has rotted so I have contacted the installers who have confirmed that the pole did come with a guarantee and we are within the guarantee period. They have agreed to replace the pole free of charge but want to charge £156 for delivering it. Installation is not part of the guarantee. I have three questions: 1] Should the company replace the item to the site where they originally installed it and take away the faulty item? 2] Do we have a right to collect the pole from the manufacturers and decline their offer to deliver? 3] could we source the pole from another supplier and have a refund accordingly?

As you are claiming under the guarantee, the answers to your questions can only be answered by the guarantee terms & conditions.


Statutory rights are a different ball game and will depend on specifics. Such as: how long ago you bought them, how much they were, how you paid for them, were they being used as they're intended to be (ie were they weatherproof or did they have to be weatherproofed by yourself, are they intended for outdoor use), is the retailer a uk company?

LilElvis

When did you buy the structure?

Did you buy from the company who installed it?

Who is the guarantee with - installer or manufacturer (if different entities)?

Raygoon

Thanks unholy angel and LilElvis. I can tell you that the posts were installed in 2004 and came with a 15 year guarantee. They were being used as intended and I did not have to waterproof them myself. The retailer was a UK company. As for the cost, method of payment and installer or manufacturer's guarantee, I will look into this tomorrow.

unholyangel

Raygoon wrote: »

Thanks unholy angel and LilElvis. I can tell you that the posts were installed in 2004 and came with a 15 year guarantee. They were being used as intended and I did not have to waterproof them myself. The retailer was a UK company. As for the cost, method of payment and installer or manufacturer's guarantee, I will look into this tomorrow.

Is the guarantee provided by the retailer or the manufacturer (or are they the same - ie you buy direct from manufacturer)?

I'm afraid the time limit for claims founded on simple contract is 6 years in england. Although if you're in scotland, its 5 years from discovery (discovery is when you become aware - or ought to have been aware - that you had suffered a loss).

Unless they also installed it and they were negligent in their installation - in which the latent damages would kick in and you'd have 3 years from date of knowledge. This is only for negligence claims though and the time extension does not kick in for simple breach of contract.

Depending on the above, the guarantee may be your only method to get the pole replaced. And you may have to pay postage in order to do so.

Raygoon

I checked today the guarantee was supplied by the installation company. I called them to say that we think the delivery charge is unreasonable (I have done some internet research and found that I can have the same pole supplied AND delivered by a different company for £78). Whilst on the phone I reminded them that I originally asked for advice because we need the whole structure to be inspected due to concerns about other poles possibly also suffering rot. They have agreed to visit site in a couple of weeks and have suggested that they quote for installation of all necessary works. This way, the pole/s will be brought to site by the contractor. I'll see how their quote compares and decide how good their customer care is in due course. Thanks again.

Fosterdog

If they are going to inspect them be prepared for them to claim that the rot is down to poor maintenance. I've never used any wood treatment that claims to last more than seven years and even then due to the harsh winters we can have in the UK I retreat at half the expected life.

Raygoon

Thanks all for advice. The company quoted for refitting 2x new poles. They itemise the poles as being free of charge but the quote seems very high so they probably have added the cost of poles but hidden as labour costs. Will be getting other quotes that will include supply of poles to see how this compares. Have I got a right to ask the original company to honour the guarantee and supply the poles free of charge but insist that we will collect them and not pay for delivery?

Valli

'we'?

Is this a consumer purchase or a business purchase?

wealdroam

Raygoon wrote: »

Have I got a right to ask the original company to honour the guarantee and supply the poles free of charge but insist that we will collect them and not pay for delivery?

Yes of course you have the right to ask them if you can collect the poles to avoid the carriage costs, and I would be doing exactly that if I was reasonably close to them.

They in turn may have the right to refuse your request, but not having seen the guarantee terms I cannot be certain.

I think it would be best if you can negotiate nicely with them, rather that looking too deeply into your rights.