hot water cylinder

stcyrus

hopefully someone has some experience they could share.
I purchased a 300 litre copper water cylinder .the cylinder is coated in insulation foam .after having the cylinder installed -about a week or so we found a puddle underneath it . a heating engineer came out and after removing some of the insulation found the cylinder to be cracked . looks to be a manufacturing fault . the manufacturer will replace the tank but will not pay for the un-installation and re installation of the replacement tank.
they say this is in their terms and conditions .how do I go about challenging this . no visual inspection would have found the fault as it was covered in foam .therefore the only way the fault could be discovered was until after I had it commissioned.
your views would be helpful
regards

Jumblebumble

stcyrus wrote: »

hopefully someone has some experience they could share.
I purchased a 300 litre copper water cylinder .the cylinder is coated in insulation foam .after having the cylinder installed -about a week or so we found a puddle underneath it . a heating engineer came out and after removing some of the insulation found the cylinder to be cracked . looks to be a manufacturing fault . the manufacturer will replace the tank but will not pay for the un-installation and re installation of the replacement tank.
they say this is in their terms and conditions .how do I go about challenging this . no visual inspection would have found the fault as it was covered in foam .therefore the only way the fault could be discovered was until after I had it commissioned.
your views would be helpful
regards

You have no contract with the manufacturer ( unless you bought direct from them) so you have nothing to challenge as far as they are concerned

You may have more luck with the vendor but if you purchased yourself and than engaged someone else to fit you may be out of luck
JumbleBumble

stcyrus

The EU Directive was implemented in the UK by the Sale and Supply of Goods to Consumers Regulations 2002 and amendments to the Sale of Goods Act 1979. Businesses who supply consumer goods that require installation should be aware that, even if they are not contractually obliged to install the goods, if the goods are faulty, they could be liable to remove them and install replacement goods. Even if the costs of doing this are disproportionate to the value of the goods, they would still be obliged to do so if replacement is the only available remedy.

does this not imply that the manufacturer has liablity9

shaun_from_Africa

stcyrus wrote: »

The EU Directive was implemented in the UK by the Sale and Supply of Goods to Consumers Regulations 2002 and amendments to the Sale of Goods Act 1979. Businesses who supply consumer goods

does this not imply that the manufacturer has liablity?

Not necessarily.
Bearing in mind that the Sale of Goods act no longer applies to business to consumer sales, (this is now covered by the Consumer rights act) and although the CRA wording is just about the same, you have to take into account what jumblebumble stated earlier.
Any liability will be on the supplier of the goods (the person or company that you purchased from) so the manufacturer will only be liable if you purchased directly from them.