Wrong water heater installed

Gareth915

Hi all
2 weeks ago I had my water heater in my apartment replaced.
The quote I agreed to before the works, as well as the payment invoice after the works (which I have paid), both contain the phrase 'We fit a World Heat high efficiency unvented hot water cylinder with a storage capacity of 150 liters. This includes all pipework alterations and electrical connections.'
I then noticed my hot water wasn't lasting as long as before; I looked at the heater and found it actually has a capacity of 120 litres. I rang the company and to be honest although he was pleasant, he seemed to dodge the issue and said 120 litres should be sufficient and they could come and check it's working ok, but I tried to emphasise that the real issue is that I haven't been given what the agreement was.
He said he'll look into it and ring me back on Monday and of course I'll keep things civil if I can, but am I right in saying this is a breach of contract and can insist of having the correct model fitted?
Thanks

lincroft1710

At the very least you should be refunded the difference in cost between a 120 and 150 litre cylinder.

Gareth915

I researched and the difference in price between models is actually minimal so it's not so much I've been overcharged, but rather that the model they've fitted has 20% less capacity than agreed and runs out faster.

pinkshoes

A 120L water tank is tiny!
If it is more than 1 person the you would want a minimum of 150L.
You are entitled to what you paid for, so if you are running out of water with a 120L tank, then you can insist they install the one you wanted. 

the_lunatic_is_in_my_head

pinkshoes said:

You are entitled to what you paid for

Worth noting:

www.legislation.gov.uk/ukpga/2015/15/section/23/enacted

(3)The consumer cannot require the trader to repair or replace the goods if that remedy (the repair or the replacement)—

(a)is impossible, or

(b)is disproportionate compared to the other of those remedies.

(4)Either of those remedies is disproportionate compared to the other if it imposes costs on the trader which, compared to those imposed by the other, are unreasonable, taking into account—

(a)the value which the goods would have if they conformed to the contract,

(b)the significance of the lack of conformity, and

(c)whether the other remedy could be effected without significant inconvenience to the consumer.

(5)Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—

(a)the nature of the goods, and

(b)the purpose for which the goods were acquired.

I would say a tank which is 30l smaller is significant but it may not be 100% clear cut. 

shaun_from_Africa

If the seller/installer tries that, all the OP has to do is to state that they wish to invoke their short term right of rejection as the goods supplied were incorrect.
With this, the supplier has to remove the newly fitted tank and put the OP back in same position as they were prior to the work commencing.

Gareth915

Thanks for everyone's advice.
They agreed to replace it with the right model and they came today but, again, it's the wrong one. It's the right size but a different brand from that on the quote/invoice. I wouldn't mind if it was of identical quality (the guy installing it didn't know as he was only a contractor who does the installation - I rang the office and they're getting back to me allegedly), but I've looked it up and the one they've brought is about half the price. 
I suppose I could push for compensation but I'm now so sick of this company I'm very tempted just to exercise my short-term rejection rights (I'm still in time) so I can get a refund and start again with a different company. I'm guessing I'd need to time this correctly though, as rejecting the goods would mean being without hot water until I got a new one.