Kitchen Supply and Installation Warranties

twodogron

We purchased a new kitchen in 2019 but last year (2023) we noticed that the Door and Drawer Facias were delaminating. We contacted the Retailer who in turn contacted his Wholesaler whom sent their Area Manager to check our complaint.
The area Manager immediately agreed these were indeed defects and all Door and Drawer Facias would be replaced, two weeks later a complete NEW set of Door and Drawer Facias arrived at our home and for lack of space were stored in our spare bedroom...(29 quite large packages)
When I advised the original Installer/Retailer the components had arrived and asked him when he was going to remove the old doors and drawer facias and fit the new ones he advised me that they did not fit Warranty items but he could supply one of his known Kitchen Fitters to come and fit these at EXTRA cost to me....
I objected to this because I assumed that the Warranty would include the fitting but he advised me that NO Kitchen Installers/Suppliers will fit Warranted Items free of charge....
I studied the 2015 Consumer Rights Act and found a clause 23 (2b) which I thought stated that I was not liable for any labour costs which the re-installation might create..
The Retailer still refuses to either attend my house or pay towards the labour costs of fitting these items replaced under Warranty by the Manufacturer...
To add I was never invited or given the opportunity to scrutinise any T&C's at the time of purchase......In fact when I asked for the Warranty T&C's in June this year he produced a copy of the Manufacturers T&C's of supply...
Who is correct in this case, me demanding financial help with installation, or him, denying any liability whatsoever ?
Please.... can you suggest some legal solution as it all seems so unfair when the product fails I am left with the Bill of fitting the replacements....

PHK

I think you've confused the wholesalers / manufacturers warranty and your consumer rights. 

The warranty can have any reasonable terms and often only supplies a repair or replacement. 

As you've gone down the warranty route then the retailer doesn't have to install the doors. What does the wholesaler/manufacturer warranty say about this. 

Your consumer rights are different. If you'd claimed against the retailer under the Consumer Rights Act then as its more than six months since purchase you'd need to prove the items were either inherently faulty or not sufficiently durable. Once you'd done that the retailer would either have to repair the kitchen at their cost or give you a part refund to reflect the amount of use you've had from them. eg if a kitchen should last 8 years and you've had it for 5 then you could expect 3/8 of the money. 

Alderbank

Warranty and your statutory consumer rights are different things.

You are making a warranty claim, so what does the warranty actually say about fitting? I see that you assumed the warranty would do something and he said other warranties say something else, but neither of those is relevant.

When your new kitchen was fitted, was it all done as one contract to supply and fit or did you purchase the kitchen from a retailer and have it fitted by your own fitter?

If one contract then a consumer rights claim should be directed to the company who did the supply and fit, and I agree they should include fitting the replacements. However be aware that your statutory rights are not necessarily brand new doors - some or all could be from a 3 year old display kitchen they have dismantled. They might also say that the cost of replacing and refitting all those doors is excessive so they will refund you 50% of the cost you paid for the doors because you have had them for three years.

In that case you might be better off accepting the manufacturer's offer of 29 brand new doors and fitting them yourself. Replacing a concealed hinge door with an identical one is a simple DIY job for anyone who can wield a screwdriver.

twodogron

I never made a claim, all I did was point out the defects to the original installer along with a copy of the Invice and he in turn contacted his supplier (wholesaler) after that everything happened without any input from me....
The original Installer/Supplier supplied the Fitters (2), I paid them, but they were instructed and managed by the Installer (Retailer).
If your car needs a new engine under Warranty, the Engine Manufacturer doesn't just send the New Engine to your home for you too fit at your cost......
Sure I could fit the components but we are over eighty years old and suppose we can't afford to just pay out again...
This is just Plain Wrong......

lincroft1710

twodogron said:

.
If your car needs a new engine under Warranty, the Engine Manufacturer doesn't just send the New Engine to your home for you too fit at your cost......
.....

Depends on the terms of the warranty for the car. As do your rights under the terms of the warranty for the kitchen.

PHK

twodogron said:

I never made a claim, all I did was point out the defects to the original installer along with a copy of the Invice and he in turn contacted his supplier (wholesaler) after that everything happened without any input from me....
The original Installer/Supplier supplied the Fitters (2), I paid them, but they were instructed and managed by the Installer (Retailer).
If your car needs a new engine under Warranty, the Engine Manufacturer doesn't just send the New Engine to your home for you too fit at your cost......
Sure I could fit the components but we are over eighty years old and suppose we can't afford to just pay out again...
This is just Plain Wrong......

But this isn't a car, motor sales are subject to other legislation and there are two types of warranty for cars. 

Ideally, you would have made a claim against the retailer under the Consumer Rights Act. Rather than report it and deal with the manufacturer. 

I think your best hope is to to put in writing (email is fine) that the manufacturer's report confirms that the doors were inherently faulty, therefore under the Consumer Rights Act 2015 you are exercising you right to reject the goods. You will accept one repair (fitting of the replacement doors) but if it happens again then you'll seek a refund. 

If they still don't play ball then you can only sue them. If that happens then come back for advice or see the Citizens Advice Bureau. 

twodogron

I have already seeked advise from the Consumer side of The Citezens Advice Bureau and they advised that I had two options I may be able to pursue :-
(a) Breach of Contract.
(b) Goods "Not Fit for Purpose"
Is this your recommendation ?
If, what you are saying is correct, surely the Law should reflect Right from Wrong, and these claims abandoning any Warranty, which lets face it, most people would expect their faulty kitchen to be replaced without, then surely Companies should not be allowed to hoodwink the public like this......
Thanks...

twodogron

"replaced without" cost........ sorry typo error.....

sheramber

Is  your 4 year old kitchen still under warranty?

Bradden

twodogron said:

I never made a claim, all I did was point out the defects to the original installer along with a copy of the Invice and he in turn contacted his supplier (wholesaler) after that everything happened without any input from me....
The original Installer/Supplier supplied the Fitters (2), I paid them, but they were instructed and managed by the Installer (Retailer).

......

I think this could potentially be an issue should this end up in court as you may have inadvertently split the contract to two parties. @Alderbank is more knowledgeable than myself on this  (and many others on here)

PHK

twodogron said:

I have already seeked advise from the Consumer side of The Citezens Advice Bureau and they advised that I had two options I may be able to pursue :-
(a) Breach of Contract.
(b) Goods "Not Fit for Purpose"
Is this your recommendation ?
If, what you are saying is correct, surely the Law should reflect Right from Wrong, and these claims abandoning any Warranty, which lets face it, most people would expect their faulty kitchen to be replaced without, then surely Companies should not be allowed to hoodwink the public like this......
Thanks...

B is essentially the option I quoted. In fact in Consumer Rights terms A and B are virtually the same. 

If you are unhappy with the law then you’d need to speak with your MP to propose a change.