Unreasonable/anticompetitive callout charges - window repair

CraigTLeics

Hi, we have some super-duper windows in our house; purchased direct from the manufacturer and installed by a builder. These are now outside the 5 year warranty.

The manufacturer has an approved installer network, but none of these seem to be allowed, by the manufacturer, to undertake the service work - all of which appears to need to be done via the manufacturer themselves. This strikes me as anticompetitive.

Anyhow, to add insult to injury, the manufacturer has a process whereby they send out service engineers to review the issues, and then - if required - a follow-up visit to fix any issues requiring replacement parts; so two callouts..... Hold onto your chairs, folks .... Each callout is charged at £350 + VAT (£420).

I am able to articulate the precise things which need fixing (we have two blown units and a broken window handle), so I am seeking to mitigate the cost by trying to arrange one site visit only, but, £420 ???? Just to turn up ????????

Ridiculous. I don't think this manufacturer is part of an Ombudsman scheme.

In respect of competition law etc... is there any recourse I have, to challenge these charges as unreasonable ??

Cheers.

JamoLew

If its outside of the manufacturer warranty - you can have whoever you want/can to fix them

Bit like car warranties - whilst the warranty is "live" it makes some sense to use the manufacturer for repairs and servicing - once the warranty is served, then you are free to use whoever you want/can

pbartlett

the manufacturer has an absolute right to charge whatever they want - £10k per callout if they want

however you have an absolute right too - don't agree to their t&c and use someone else.

the_lunatic_is_in_my_head

With a guarantee you are bound by the terms so if they require you to pay a call out fee that can be imposed, although it sounds like this is outside their guarantee and just their typical costs for work. 

Your consumer rights would lie with the retailer (who is this case also the manufacturer), after 6 months they can ask you show the goods don't conform to the contract if you wanted to go down the consumer rights avenue.

With goods expiring before their time you'd be looking at durability and if requested by the retailer typically a report to show the issue is caused by something failing that wasn't caused by misuse.

If you can show the goods have failed before their time the retailer should repair, replace or refund. A refund can be reduced to account for ownership and in this instance would likely be as a price reduction.

If it was deemed the goods have lasted as long as they should you could have anyone do the work. Would the manufacturer sell you the 2 new units and a new handle? This would ensure the quality matches but you could then find a local company to do the swapping over.

Aylesbury_Duck

What's stopping you asking a decent local firm to do the job?

user1977

CraigTLeics said:

In respect of competition law etc... is there any recourse I have, to challenge these charges as unreasonable ??

What's anti-competitive about it? Is anybody stopping you from getting somebody else in to fix them?

CardinalWolsey

For the blown windows, look up local glass companies (not specifically window companies, which tend to be uPVC supply/fit related). They will be able to source the correct glass and replace that in your units. They will likely do the handles for you as well, if you don't feel comfortable replacing the handles yourself.

Robin9

Ask www.cloudy2clearwindows.co.uk  to give you a cost - they replaced a handle for less than £20 and a blown panel about £100

CraigTLeics

... To all who have posted replies - there seems to be a general theme here ... i.e. why don't you get somebody else to fix it ??
The plain answer is that I can't. These are not generic windows, which use generic parts. They are a specific design and spec, from a Scandinavian manufacturer (so, OK, I'll name them - Rationel). In my belief (and maybe I am wrong) there is not a generic window company in the UK who can/will be able to fix these like for like, without using genuine parts and having specific product know-how.

Therefore, my first thought, clearly, was to try the manufacturer's approved installer network. As I have stated these are not able (for some reason - presumably contractual) to take on domestic service work of this nature.

So, to me, it seems that the manufacturer is distorting the market, by effectively forcing me to use them. I appreciate they are able to charge "what they want" - as long as they are not operating anticompetitively. If there are (by bent of their own commercial practices) creating an environment where I can't go elsewhere, then how is that just, from a Consumer Rights perspective ??

CraigTLeics

BTW, I know the cost (and avenues) for cost-effectively replacing a double-glazed panel. To re-iterate the point on these, even the panels are 'special' (highly efficient triple-glazed units)

Robin9

Why don't you at least ask your local installer.