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Faulty hot tub

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Hi, I wonder if there is anyone that can advise me on this. We took delivery of a hot tub that we saved long and hard for in February 2021. Over the summer and autumn of that year we started to think that it didn’t seem very hot, and eventually after using a friends hot tub and realising just how cool ours was running I complained in March 2022 about it.

Someone eventually after much chasing came out to fix it with a new heater in May 2022, but we are now in the position where the exact same thing has happened again. Worthy of note is that the retailer pass on their warranties to a different company, so it always feels like we’re chasing two lots of people to get anything done.

It’s running at about 5° under the temperature displayed on the panel, which as you can imagine when you’re talking the difference between 34 and 39° is rendering it unusable.

My concern is that we have a two year warranty, which runs out in February 2023. If I accept a second replacement heater, I can predict that probably by next March or April we will be in the same situation but with no recourse as it has gone past our two years warranty.

Given that we have already had a failed repair, and that time is ticking, and that it took ages to get that failed repair, what would be reasonable for me to ask? we’re not talking about a lazy spa here, this cost just under £5000 and on the retailers website it says “many of our spas can last for 20 years” therefore this issue definitely isn’t what anyone reasonable would expect.

So in terms of our consumer rights it’s not lasting a reasonable amount of time, and is not fit for purpose.

But everything I’ve read says that we have to accept a repair – is this the case for us? I’m just worried that accepting a repair will leave us up the creek without a paddle in six months when the warranty is gone and the problem recurs. 

If anyone could advise what we should do in this situation I’d be really grateful, as this was a lot of money for us to purchase and I’m really worried that we’re going to end up with something totally broken after just two years.

thanks in advance

Comments

  • pinkshoes
    pinkshoes Posts: 20,557 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you're claiming under the warranty then you have to accept whatever terms they offer e.g. a repair.

    If you are claiming under consumer rights act 2015, then your contract is with the retailer who are allowed 1 attempt to repair, which they have already had. You can then reject it for a (partial) refund. The refund would reflect the use you have already had.

    https://www.consumerrightsuk.com/consumerights2015
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I’d be taking a picture of that webpage that says 20 if you are thinking of rejecting.
    it might come in handy when the calls are under discussion.

  • Sorry, but what do you mean by "... that webpage that says 20..."?
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