Boiler warranty issue

Oldoaktree

Hi!
I hoped someone might have some good advice which could help me.

My 3 year old boiler is broken - for the second time!  The boiler manufacturer have told us that on the first visit (when it broke the first time) the engineer recorded that it was fitted in a position which meant it did not meet their health and safety requirements.  This is because it is slightly raised and on a side wall of a cupboard, so you have to be on a step and slightly twisted to reach it fully.
They have told us that until this is rectified they will not repair it under the warranty again.

all rather frustrating - particularly as the engineer on the first visit did actually carry out the work despite this.  And our plumber tells us that the work the first engineer carried out is likely the cause of the issue we have now.

Does anytime think I have any recourse with the manufacturer?  I feel (at least) they should have told us that they would not honour the warranty after the first visit not leave it until we next contact them to tell us.  I am not sure if there is any legislation which would agree with that point though?

thanks very much 

born_again

Warranty is provided buy manufacture & you have to meet their T/C for any work. So you have to take it that while the 1st engineer fixed the issue, they have reported it to the manufacture as unsafe location.
So any recourse will be against the installer of the boiler. 
As it is unusual to install on a cupboard & not a wall.

Is your plumber the person that installed the boiler?

Any pictures of the installed location?

Alderbank

• Who did you buy the boiler from? Did you buy it directly from the manufacturer?
• Did you buy it as a package including installation or was it installed by a separate company?
• The various plumbers and engineers you refer to, who do they all work for?
• Can you tell us the make and model of boiler you have?
• If not, do you have a copy of the installation instructions which you can refer to?

Sorry about so many questions but they will help us to give you useful advice

Oldoaktree

Hi, thanks for quick replies!

sorry when I say cupboard, I mean airing cupboard, so it is fitted to a proper brick wall, just on the side of that cupboard.

It was fitted and installed as part of big house renovation, by a gas safe engineer, and the cost of purchase and installation was covered by the building company costs.

it is a Vaillant.  I am not by the boiler right now so cannot check exact model number / take photos etc.

thanks again

sheramber

I have a Vaillant which is on the outside wall of a cupboard but it is a eye level.

Oldoaktree

Sorry just to answer a question I missed. There is
1) the plumber who installed it 3 years ago
2) the vaillant engineer who visited for the first issue
3) our regular plumber

Alderbank

3 years ago you contracted a building company to carry out a big house renovation.

As part of that they subcontracted various specialist tasks including sourcing and installation of new boiler.

The installation must meet mfr's specification in terms of flue, etc. Additionally because maintenance and service under mfr's guarantee appears to be part of contract the builder must ensure that the installation meets the mfr's H&S requirements in terms of safe access, etc. It is common for maintenance companies to have rules about clearance, access, etc. to manage the safety of their employees under Work at Heights and other H&S regulations.

If the builder has failed to do that you may have a claim against the builder. You need to examine your contract with them. H&S requirements are certainly an implied contract term and are probably mentioned specifically.
Did they perhaps come up with a proposed plan and layout which you modified, saying I want the boiler higher up or further in the corner?

From what you have told us I don't see that you directly have any recourse with the manufacturer. But you need to have words with the builder.

Oldoaktree

Thanks very much.  We will get in touch with the builders