Faulty tech, company is ghosting me

ferretlove

We ordered a Hyundai DHY6000SE Diesel Generator on 20th August 2023. When we got it, it didn't start, my husband had to bleed the injector HP fuel line. Then it ran okay during 2 power cuts but a planned power outage later (1/2 tank diesel, 2.7 hours run time), the generator exhaust started smoking quite a lot. The generator now takes several rotations before it starts whereas before it burst into life with a  turn of the key. My husband's worry is that the injector is dribbling causing the smoke, and loss of pressure when the generator is standing.

After talking to the company we bought the generator from, I got this reply: "I will need to arrange for the machine to be returned to us for repair, however as the warranty has expired charges for carriage, est £50+VAT each way, Labour £35+VAT per hour and any parts required at cost. will apply."

Having read what Martin Lewis said about warranty and how goods are supposed to last a reasonable amount of time, I sent the following:

"As for the generator being out of warranty, I believe that warranty is a voluntary service agreement that a shop or a manufacturer chooses to give you over a product. But you also have statutory legal rights, and they say goods must be satisfactory as described, fit for purpose, and last a reasonable length of time. And the last one is crucial. Items must last a reasonable length of time, provided that you have behaved as you should with them. I don't think an expensive generator running 3 times for a total of 2.7 hours is lasting a reasonable length of time. As such I would expect for the repair to be carried out for free. Warranty is pretty irrelevant when it comes to the law."

Now the company is ghosting me, no reply. Has anybody got any advice on how to proceed?

Mark_d

The easiest thing is to do is make a Section 75 claim via your credit card company.

sheramber

Mark_d said:

The easiest thing is to do is make a Section 75 claim via your credit card company.

You know that it was paid by credit card?

Ergates

What is your desired outcome?   A repair?  Presumably you still need the (or *a* generator).

As you've had the generator more than 6 months, then it falls on you to provide evidence that the fault was present from the start (and "fault" here could include being insufficiently robust).  To do this, you'll need to get an independent "expert" in to examine it - for instance a generator repairman (I assume such people exist) and give you some kind of report.   This will likely incur a cost, but (if they find in your favour) you can reclaim this from the retailer.

Whilst they're there, you could also get a quote for a repair from them.

If they agree that the fault was inherent, then the next step would be to contact the retailer with this information.

Then, if the cost is significant and they continue to ghost you, you could send a letter before action (there are templates on the web, including on MSE), informing them of your intent to take them to small claims court to recover the cost of the repair.

Then, if they don't respond, you do that.

DullGreyGuy

ferretlove said:

We ordered a Hyundai DHY6000SE Diesel Generator on 20th August 2023. When we got it, it didn't start, my husband had to bleed the injector HP fuel line. Then it ran okay during 2 power cuts but a planned power outage later (1/2 tank diesel, 2.7 hours run time), the generator exhaust started smoking quite a lot. The generator now takes several rotations before it starts whereas before it burst into life with a  turn of the key. My husband's worry is that the injector is dribbling causing the smoke, and loss of pressure when the generator is standing.

After talking to the company we bought the generator from, I got this reply: "I will need to arrange for the machine to be returned to us for repair, however as the warranty has expired charges for carriage, est £50+VAT each way, Labour £35+VAT per hour and any parts required at cost. will apply."

Having read what Martin Lewis said about warranty and how goods are supposed to last a reasonable amount of time, I sent the following:

"As for the generator being out of warranty, I believe that warranty is a voluntary service agreement that a shop or a manufacturer chooses to give you over a product. But you also have statutory legal rights, and they say goods must be satisfactory as described, fit for purpose, and last a reasonable length of time. And the last one is crucial. Items must last a reasonable length of time, provided that you have behaved as you should with them. I don't think an expensive generator running 3 times for a total of 2.7 hours is lasting a reasonable length of time. As such I would expect for the repair to be carried out for free. Warranty is pretty irrelevant when it comes to the law."

Now the company is ghosting me, no reply. Has anybody got any advice on how to proceed?

A very oddly worded thing.

Firstly, presumably this is a generator in a domestic setting rather than business? 

You will probably have also read that if the item is over 6 months old it's up to you to prove that the item had an inherent fault or wasnt sufficiently durable etc. This would normally be done with an engineer's report the cost of which you can add to your claim if it supports your case. Obviously if the engineer says you haven't used it enough and that lack of maintenance turnover has caused the problem then it'd your cost to cover.

It's up to you really on if you want to send them a letter before action first and hope that gets them to respond or if you start gathering your evidence to support any action. 

born_again

Has it ever been serviced 

https://www.hampshiregenerators.co.uk/wp-content/uploads/2018/01/Hyundai-DHY6000SE-User-Manual..pdf

Page 19
Page 20 would seem to apply as well given the lack of use between use.

ferretlove

Thank you all for your comments. I thought I would receive an email to let me know when people commented so I thought there were no replies. The generator is in a domestic setting, it's 1 1/2 years old, ran 3 times, a total of 2.5 hours, the third time it started smoking. 

born_again thank you for the link, we'll look into it.

All others, the generator had a 12 month warranty. I just thought Martin Lewis had this article about warranty where he said that warranty is irrelevant when it comes to the law?
https://www.moneysavingexpert.com/news/2023/02/martin-lewis-faulty-tech-warranty/

Ergates

ferretlove said:

Thank you all for your comments. I thought I would receive an email to let me know when people commented so I thought there were no replies. The generator is in a domestic setting, it's 1 1/2 years old, ran 3 times, a total of 2.5 hours, the third time it started smoking. 

born_again thank you for the link, we'll look into it.

All others, the generator had a 12 month warranty. I just thought Martin Lewis had this article about warranty where he said that warranty is irrelevant when it comes to the law?
https://www.moneysavingexpert.com/news/2023/02/martin-lewis-faulty-tech-warranty/

Yes and no.  A warranty sits over and above your consumer rights, and it does not replace them.  It can be for whatever period the giver sets and can have whatever (legal) terms and conditions the giver decides to place on it.  However, within those terms and conditions it is legally binding.

MattMattMattUK

ferretlove said:

Thank you all for your comments. I thought I would receive an email to let me know when people commented so I thought there were no replies. The generator is in a domestic setting, it's 1 1/2 years old, ran 3 times, a total of 2.5 hours, the third time it started smoking. 

born_again thank you for the link, we'll look into it.

All others, the generator had a 12 month warranty. I just thought Martin Lewis had this article about warranty where he said that warranty is irrelevant when it comes to the law?
https://www.moneysavingexpert.com/news/2023/02/martin-lewis-faulty-tech-warranty/

The warranty is an extra from the manufacturer, your consumer rights are with the company that sold you the product. Warranties can be as short or as long as manufacturers want them to be, if they choose to offer them in the first place, consumer rights use phrases such as "reasonable length of time", they are less prescriptive but wider ranging. 

I agree with BA, the lack of servicing might be an issue even with the limited runtime, diesel (and petrol) deteriorates over time and becomes harder to ignite, injectors might need cleaning, 

I am not sure that the generator is actually faulty, at this stage I would probably take the view that if it was serviced it would likely work fine. Getting it serviced would also be a good idea as if it does not work after a service that would likely demonstrate what the issue actually is. I would also have a chat with whoever services it, but it may make sense to run it every few months regardless of need, or alternatively prepare it and keep it in long term storage rather than in a ready state. 

ferretlove

Thank you, will service it properly.