Faulty radiator 6.5 years old

skezzyk

One of our radiators, purchased 6.5 years ago has developed a leak where the metal seems to have corroded. Contacted the retailer and they've advised that the manufacturer has ceased trading and the shop's warranty was for 12 months only. They've offered us a discount on a new radiator. I know the radiator is now over 6 years old but surely a radiator is designed to last longer than this? It was also a very expensive "designer" radiator (cost £900!), so I want to check out my rights before I agree to fork out again. We also had many problems when we first purchased the radiator - it wouldn't work at all and after 4 visits from the shop's plumbers it ended up going back to the manufacturer for adjustments. Never received any apology for the hassle and in fact the retailer tried to charge us for the plumbers visits! Any advice appreciated.

agrinnall

I'm not sure that it'll matter what the life of the radiator is, after 6 years you'll struggle to get anything from the seller. A manufacturer's warranty might have given you a longer period of cover, but if they're no longer in business that's no help. What the shop has offered is probably the best you'll get.

lincroft1710

Take the offer of a discounted radiator, maybe gently push them for a little bit more.

Mr.Generous

A lot of radiators will rust if the correct inhibitor hasn't been used in the system. I have seen towel warmer (cheap one's) style rads rusted through at 12 months old. They are not faulty if used with the corrosion preventing inhibitor. If this was used I don't really see how it could rust through. You don't keep wetting the outside and the inside is protected so how does it happen?

Ectophile

Assuming you're in England or Wales, then the Limitations Act kicks in after 6 years. That means that you can't take legal action against the supplier if they don't offer the refund you want.

The time limit is different in Scotland, and presumably in Northern Ireland as well.

GrumpyDil

Not quite correct about the limitations act as the six year period runs from the date when you became or should have become aware of the issue being complained about. That said on a six year old radiator I wouldn't hold your breathe while trying to get a refund.

LilElvis

GrumpyDil wrote: »

Not quite correct about the limitations act as the six year period runs from the date when you became or should have become aware of the issue being complained about. That said on a six year old radiator I wouldn't hold your breathe while trying to get a refund.

Are you sure? I believe it's 6 years from purchase in England and Wales, but 5 years from discovery in Scotland only. Hopefully someone more knowledgeable (unholyangel!) will be able to clarify.

GrumpyDil

Yes. The limitations Act 1980 sets down the limitation limits of 6 and 12 years.

These limits run from the date that the cause of action arises from. In contract cases that is generally 6 years from when the contract was breached or one party became aware or should have been aware of the breach.

So in the case of the radiator if you accept it was not of acceptable quality you could argue that the six years runs from the date the leak occurred as that would be the date that the OP became or ought to have become aware that he had been sold goods which were not of acceptable quality.

Fosterdog

GrumpyDil wrote: »

Yes. The limitations Act 1980 sets down the limitation limits of 6 and 12 years.

These limits run from the date that the cause of action arises from. In contract cases that is generally 6 years from when the contract was breached or one party became aware or should have been aware of the breach.

So in the case of the radiator if you accept it was not of acceptable quality you could argue that the six years runs from the date the leak occurred as that would be the date that the OP became or ought to have become aware that he had been sold goods which were not of acceptable quality.

This is incorrect, it is six years from purchase unless in Scotland where it is five years from discovery, this is made perfectly clear in the Consumer Rights Act.

Mr.Generous

Before the retailer pays out they are going to ask themselves a few questions
1. Is it faulty or is it misuse / poor fitting / no or incorrect inhibitor?
2. Is it going to land us with fitting costs?
3. Is it more grief to keep saying no or just offer something to get rid of complaint?

They know they have no recourse against the supplier, my bet is they wont accept full responsibility but they might go as far as 50% off a replacement.