New bathroom - Faulty thermostatic valve

Pianoman1

My father-in-law had a new bathroom fitted across November/December last year. Since Christmas, there have been problems with the hot water from the shower. They had an independent plumber check it and turns out to be a faulty thermostatic valve. He has been emailing the bathroom company since early Jan and only just got a response today saying they are not allowed to trade under the current covid restrictions and that their after care warranty is invalidated as they received a discount when the work was completed. The 5% discount was given due to a serious time delay. The job was meant to take one week and dragged on for 2 months and caused a lot of grief as my father-in-law is a cancer patient. 
I'm not very experienced with renovations as i've never owned my own house. Can someone tell me whose responsibility it is to get this fixed? As far as I can see on the web, bathroom fitters are not restricted, does anyone else know if this is true? Does the company have any right to invalidate the aftercare guarantee because of the discount?
Any advice how to deal with this would be appreciated. After having a phone call myself with manager, it is clear he is trying to avoid responsibility and will make up any excuse not to do rectify this.
I also know that the part should have come with a guarantee. Is that direct from the manufacturer and is that something we can sort out ourselves if the builder is not compliant?

Aylesbury_Duck

The contract was presumably to supply and fit, so the rights should be exercised against the bathroom company.  It's their job to fix it.

Don't be distracted by their warranty explanation.  Firstly, it's entirely lawful for them to remove the warranty if that's what was agreed when the reduced price was paid.  If it wasn't explained and agreed, then any warranty that was contracted is still in place.  But anyway, this isn't a warranty matter - the valve is clearly faulty to have failed so quickly.  Make it clear to the bathroom company that you expect them to fix as a consumer rights issue, not a warranty claim.

If your father-in-law is the contract holder, it's him that should be dealing with them, but if he's not well enough, he should tell the company that you are authorised to act on his behalf.

Pianoman1

Aylesbury_Duck said:

The contract was presumably to supply and fit, so the rights should be exercised against the bathroom company.  It's their job to fix it.

Don't be distracted by their warranty explanation.  Firstly, it's entirely lawful for them to remove the warranty if that's what was agreed when the reduced price was paid.  If it wasn't explained and agreed, then any warranty that was contracted is still in place.  But anyway, this isn't a warranty matter - the valve is clearly faulty to have failed so quickly.  Make it clear to the bathroom company that you expect them to fix as a consumer rights issue, not a warranty claim.

If your father-in-law is the contract holder, it's him that should be dealing with them, but if he's not well enough, he should tell the company that you are authorised to act on his behalf.

Thanks AD, that's good to know, especially about the authorisation. My in laws are too stressed to deal with this. 
Regarding removing the warranty, my in-laws said this wasn't mentioned, but would this have had to happen in writing or could it have been a verbal agreement?

Aylesbury_Duck

Pianoman1 said:

Aylesbury_Duck said:

The contract was presumably to supply and fit, so the rights should be exercised against the bathroom company.  It's their job to fix it.

Don't be distracted by their warranty explanation.  Firstly, it's entirely lawful for them to remove the warranty if that's what was agreed when the reduced price was paid.  If it wasn't explained and agreed, then any warranty that was contracted is still in place.  But anyway, this isn't a warranty matter - the valve is clearly faulty to have failed so quickly.  Make it clear to the bathroom company that you expect them to fix as a consumer rights issue, not a warranty claim.

If your father-in-law is the contract holder, it's him that should be dealing with them, but if he's not well enough, he should tell the company that you are authorised to act on his behalf.

Thanks AD, that's good to know, especially about the authorisation. My in laws are too stressed to deal with this. 
Regarding removing the warranty, my in-laws said this wasn't mentioned, but would this have had to happen in writing or could it have been a verbal agreement?

What does their contract say?  If the warranty is in the latest contract signed by both parties, it's valid.  Again, don't get too side-tracked by the warranty at this stage.  Getting the company's back up on the warranty at this stage wouldn't be helpful.  Get the valve fixed under consumer rights first, then speak to the company about the warranty in anticipation of any longer-term problems.  You have an ideal opportunity to bring it up, as a newcomer to the situation.  Something like "Can you let me know what the warranty involves?" after the valve is fixed would be an innocent approach.  If they say "there is no warranty" then ask why, and for evidence of the revised contract.

Aylesbury_Duck

I should have said, if the company refuses to deal with the valve, you should back up your argument with a Letter Before Action, asking them to agree a resolution within 14 days and that if they don't, you will engage another plumber and take them to court to recover those costs.

Pianoman1

Aylesbury_Duck said:

I should have said, if the company refuses to deal with the valve, you should back up your argument with a Letter Before Action, asking them to agree a resolution within 14 days and that if they don't, you will engage another plumber and take them to court to recover those costs.

Was just about to ask, thank you

neilmcl

Who is the bathroom company. To simply say they're not allowed to trade during the lockdown is nonsense, they may or may not be allowed to keep a showroom open but that doesn't mean they can't trade.

Pianoman1

neilmcl said:

Who is the bathroom company. To simply say they're not allowed to trade during the lockdown is nonsense, they may or may not be allowed to keep a showroom open but that doesn't mean they can't trade.

I thought so too. I've decided i'm not going to accept as an excuse and will give them the 14 days and if they don't respond will recoup the costs through court. It even says on their website that they are allowed to trade under covid regulations and that they expect to re-open their showroom soon.

ThumbRemote

Just to add, workmen absolutely are allowed to trade. In the last week I have had a door fitter in my home, and two different companies giving quotes for loft insulation. 
Retails establishments are closed to customers, but that isn't what you need.