Boiler warranty not being honoured by manufacturer

macman

Surely the LA sent you the documentation for the annual service along with the GSC each year? If so, ask the manufacturer on what specific grounds they are rejecting liability?

KombiB

Letting Agent does not have anything else to hand but I have asked them to confirm this and ask the contractor.

I have also just sent a letter to the manufacturer asking for the reason and giving them until COB Thursday to reply or I will have to ask another contractor to install and then pursue separately.

Is it unreasonable to think that either the Letting Agent should have managed this or the Manufacturer should honour the warranty?

Cheers for all advice so far.

macman

Your contract is with the manufacturer-nothing to do with the LA.
But you have every right to pursue action against the LA if they have been negligent. Though it does seem to be the case that you have not followed this up 4 years ago when the first service was done and you received no paperwork?
But first you need to ascertain their definition of 'improper' servicing, which I still suspect is the use of a non-manufacturer authorised GS engineer.
What is the brand?

KombiB

Understood, but giving all the details to LA on handover of the property (ie warranty card, preferred contractor, latest annual service etc) to me puts the onus on them to complete. 

That is true. Clearly I could have monitored the LA and will do this in future, but there was a reason I outsourced this in the first place.

grumbler

macman said:

Your contract is with the manufacturer-nothing to do with the LA.

The contract is with the supplier, although a manufacturer can be a supplier at the same time.

If by 'contract' you mean the warranty, then AFAIK legal enforceability of the latter is questionable.

macman

Yes, i was referring to the boiler warranty.

KombiB

I sent a mail giving a few days to reply before I would instruct someone else and then claim from the manufacturer. They then replied saying the servicing had not been done in line with manufacturer's instructions. This is not true and LA contractor has replied in detail stating what they did and that they followed the instructions downloaded from the boiler website.

Given that the manufacturer's first position was "no servicing was done" and then when given proof of annual servicing the rationale has now been changed to "not done in line with instructions" it feels like they simply just don't want to honour it. Which I guess is good business!? 

TELLIT01

It looks like your are going to have to be persistent.  Get back to the manufacturer and ask them specifically what instructions have not been complied with.

another_casualty

This would be the time I'd start leaving feedback on trustpilot etc ...

KombiB

Thanks, will do, they have till end of the day...