Does anyone know what my rights are?

SuperstarSteph

Hello, I had a water pump fitted in March 2021 by a plumber and it in July 2023 it stopped working. As it has a 3 year warranty, the manufacturer came out, said it was fitted incorrectly. So the plumber came back out and fitted a new one. This now has stopped working.

I have called the manufacturer and they have said that they count the warranty from the first pump only.

Does anyone know if this is within my consumer rights? Paying for another expensive pump is not helpful for me right now.

Thank you.

Mark_d

Under the Consumer Rights Act 2015 the item must be of satisfactory quality.  Clearly this is not the case with your latest pump only lasting a year.  I would pursue a refund and then get a different brand of pump, fitted by a different plumber.

Okell

Depends on the T&Cs of the warranty, but what the manufacturer has told is most likely correct as warranties usually run from the date of the original purchase.  Otherwise you could have a perpetual warranty.

You might have a claim against the seller (is that the manufacturer or the plumber or someone else?) under the Consumer Rights Act 2015, but after over three years you would have to prove that it was inherently "faulty" in some way at purchase, in which case you might be able to claim for a repair or replacement.  Any refund could be reduced to reflect the three plus years of use you've had from it.

Alderbank

SuperstarSteph said:

Hello, I had a water pump fitted in March 2021 by a plumber and it in July 2023 it stopped working. As it has a 3 year warranty, the manufacturer came out, said it was fitted incorrectly. So the plumber came back out and fitted a new one. This now has stopped working.

I have called the manufacturer and they have said that they count the warranty from the first pump only.

Does anyone know if this is within my consumer rights? Paying for another expensive pump is not helpful for me right now.

Thank you.

Welcome to the forum.

No manufacturer's warranty, even a 3 year one, is within your consumer rights. Warranties are separate from and in addition to your statutory rights.

However, warranties almost always run from the date of the initial purchase. One way of looking at it is to say that the warranty means you are guaranteed to have a working pump for 3 years, not that one specific pump is guaranteed to be still running after 3 years.

You do have consumer rights however, regardless of any warranty. You are entitled to a repair, replacement or refund  from whoever you bought it from provided the fault is due to faulty manufacture rather than something which has happened since it was purchased, such as being fitted wrongly.

Who exactly did you buy it from? From the plumber who fitted it, or did you buy it and then get a plumber to fit it?

Okell

Mark_d said:

Under the Consumer Rights Act 2015 the item must be of satisfactory quality.  Clearly this is not the case with your latest pump only lasting a year.  I would pursue a refund and then get a different brand of pump, fitted by a different plumber.

Has the pump lasted one year or three?  The OP only bought the original pump, and that was over three years ago.  The second pump was a replacement under warranty.

Does the CRA apply to the replacement under warranty, or does it only apply to the original pump?  I'm not convinced that the pump has failed after only a year for the purposes of the CRA ...

Mark_d

Okell said:

Mark_d said:

Under the Consumer Rights Act 2015 the item must be of satisfactory quality.  Clearly this is not the case with your latest pump only lasting a year.  I would pursue a refund and then get a different brand of pump, fitted by a different plumber.

Has the pump lasted one year or three?  The OP only bought the original pump, and that was over three years ago.  The second pump was a replacement under warranty.

Does the CRA apply to the replacement under warranty, or does it only apply to the original pump?  I'm not convinced that the pump has failed after only a year for the purposes of the CRA ...

The CRA timeline starts from when you take delivery of an item.

Are you suggesting that replacements under warranty can be poor quality items, as they only need to last the remainder of the lifetime of the original item?

Ergates

Mark_d said:

Okell said:

Mark_d said:

Under the Consumer Rights Act 2015 the item must be of satisfactory quality.  Clearly this is not the case with your latest pump only lasting a year.  I would pursue a refund and then get a different brand of pump, fitted by a different plumber.

Has the pump lasted one year or three?  The OP only bought the original pump, and that was over three years ago.  The second pump was a replacement under warranty.

Does the CRA apply to the replacement under warranty, or does it only apply to the original pump?  I'm not convinced that the pump has failed after only a year for the purposes of the CRA ...

The CRA timeline starts from when you take delivery of an item.

Are you suggesting that replacements under warranty can be poor quality items, as they only need to last the remainder of the lifetime of the original item?

From when you take delivery of the *original* item.

And, essentially, yes - a replacement/repair only needs to last the lifetime of the original item.  After that you are out of contract so have no comeback.

born_again

SuperstarSteph said:

Hello, I had a water pump fitted in March 2021 by a plumber and it in July 2023 it stopped working. As it has a 3 year warranty, the manufacturer came out, said it was fitted incorrectly. So the plumber came back out and fitted a new one. This now has stopped working.

I have called the manufacturer and they have said that they count the warranty from the first pump only.

Does anyone know if this is within my consumer rights? Paying for another expensive pump is not helpful for me right now.

Thank you.

So was this new one supplied under warranty or did plumber buy a new one?

Given manufacture stated the 1st was "Fitted incorrectly" which would normally imply that it would not be covered by warranty.

Okell

Mark_d said:

Okell said:

Mark_d said:

Under the Consumer Rights Act 2015 the item must be of satisfactory quality.  Clearly this is not the case with your latest pump only lasting a year.  I would pursue a refund and then get a different brand of pump, fitted by a different plumber.

Has the pump lasted one year or three?  The OP only bought the original pump, and that was over three years ago.  The second pump was a replacement under warranty.

Does the CRA apply to the replacement under warranty, or does it only apply to the original pump?  I'm not convinced that the pump has failed after only a year for the purposes of the CRA ...

The CRA timeline starts from when you take delivery of an item.

Are you suggesting that replacements under warranty can be poor quality items, as they only need to last the remainder of the lifetime of the original item?

But only delivery of an item delivered under a contract to which the CRA applies.

Is a supply under warranty covered under s3 of the Act?

DullGreyGuy

born_again said:

SuperstarSteph said:

Hello, I had a water pump fitted in March 2021 by a plumber and it in July 2023 it stopped working. As it has a 3 year warranty, the manufacturer came out, said it was fitted incorrectly. So the plumber came back out and fitted a new one. This now has stopped working.

I have called the manufacturer and they have said that they count the warranty from the first pump only.

Does anyone know if this is within my consumer rights? Paying for another expensive pump is not helpful for me right now.

Thank you.

So was this new one supplied under warranty or did plumber buy a new one?

Given manufacture stated the 1st was "Fitted incorrectly" which would normally imply that it would not be covered by warranty.

The plumber won't be covered by the CRA so if he bought one, was given one or had a spare one laying around wouldn't change the outcome for the OP

The replacement, unless bought by the OP, is irrelevant from a CRA perspective, they can ask the vendor to deal with it in which case its the vendors choice if to repair, replace or refund*. Else they can use their rights to reject the goods in which case they can get a refund*. 

* - under the CRA a refund can be reduced to reflect the use received from the item before the goods are turned/written off. Given the OP had use of the old one and the new one it would be the use of the two combined thats considered when calculating what any refund would be. 

born_again

DullGreyGuy said:

born_again said:

SuperstarSteph said:

Hello, I had a water pump fitted in March 2021 by a plumber and it in July 2023 it stopped working. As it has a 3 year warranty, the manufacturer came out, said it was fitted incorrectly. So the plumber came back out and fitted a new one. This now has stopped working.

I have called the manufacturer and they have said that they count the warranty from the first pump only.

Does anyone know if this is within my consumer rights? Paying for another expensive pump is not helpful for me right now.

Thank you.

So was this new one supplied under warranty or did plumber buy a new one?

Given manufacture stated the 1st was "Fitted incorrectly" which would normally imply that it would not be covered by warranty.

The plumber won't be covered by the CRA so if he bought one, was given one or had a spare one laying around wouldn't change the outcome for the OP

The replacement, unless bought by the OP, is irrelevant from a CRA perspective, they can ask the vendor to deal with it in which case its the vendors choice if to repair, replace or refund*. Else they can use their rights to reject the goods in which case they can get a refund*. 

* - under the CRA a refund can be reduced to reflect the use received from the item before the goods are turned/written off. Given the OP had use of the old one and the new one it would be the use of the two combined thats considered when calculating what any refund would be. 

No, but it does give the OP a route to go down, given no warranty.