DOUBLE GLAZING GUARANTEES

T0NY71

My property was fitted with UPVC windows in 2013 - a 10 yr guarantee. Since them the firm has returned and replaced 2 sets of double sash counterbalance springs. The company was approached recently to replace similar items but has refused. They now claim that the original replacements were carried out in error. They now are saying that such fittings are not covered. The guarantee says, "The company guarantees to replace or repair free of charge any defective UPVC .........items within 10 years." However, in a later section the wording states, "All hardware is guaranteed for 2 yrs." It is on this basis that the firm is now refusing to replace the springs free of charge. This seems contradictory.. Has the company set a precedent through their previous actions? Thanks.

user1977

No such principle of "setting a precedent" here I'm afraid, all you can do is hold them to the wording of the guarantee.

Alderbank

T0NY71 said:

My property was fitted with UPVC windows in 2013 - a 10 yr guarantee. Since them the firm has returned and replaced 2 sets of double sash counterbalance springs. The company was approached recently to replace similar items but has refused. They now claim that the original replacements were carried out in error. They now are saying that such fittings are not covered. The guarantee says, "The company guarantees to replace or repair free of charge any defective UPVC .........items within 10 years." However, in a later section the wording states, "All hardware is guaranteed for 2 yrs." It is on this basis that the firm is now refusing to replace the springs free of charge. This seems contradictory.. Has the company set a precedent through their previous actions? Thanks.

Welcome to the Forum Tony!

You have only shown us a carefully edited fraction of the full terms & conditions so it is difficult to say definitely but it looks as though they have always distinguished between the PVC components and hardware such as locks, hinges, handles and sash counterbalances. That sounds reasonable since they just buy in those components and probably don't get any warranty on them, certainly not ten years.

Are you saying that no good deed goes unpunished? They replaced some springs out of goodwill but that doesn't mean they are now committed to replace them for ever.

You do have rights under the Consumer Rights Act 2015 but you would have to provide evidence that the springs had inherent faults at the time of purchase which made them unfit for purpose and that might be difficult to do.
Your legal rights under CRA 2015 last as long as you own the goods but in practice you would not be able to enforce a court judgement after 6 years and your windows are now 9 years old.

What does the warranty actually say? I suppose that strictly speaking it should say 'limited 10 year warranty'.