Pergola rust after 6 months...

Polish72

Some clarification please.

I bought a pergola in June last year that was described, among other things as being "rust resistant". I noticed this week a rust area on the top of the metal frame, took a picture of it and contacted the shop I bought it from (a DIY shop - literally). They then contacted the seller who responded stating that as the issue was brought up after 6 months, their warranty does not cover the issue and there is nothing they can do. Having replied to the effect that the warranty is irrelevant and that my statutory consumer rights state that an item should be [quoted SAD FART], that the product breaches at least one of these criteria, if not more and as such they are obligated to deal with the issue. They have so far not responded again and would like to know whether I should in fact be dealing with the retailer directly and that my stance in this is valid. 

Many thanks.

eskbanker

Your statutory consumer rights are with the retailer, not the manufacturer.

Woodstok2000

Your contract is with the retailer, unless they only acted as a platform to connect you with a seller, e.g. Amazon marketplace, ebay, some B and Q sales etc.

Alderbank

Is the DIY shop B&Q?

Increasingly they seem to be operating as a marketplace for other sellers, especially with regard to large garden items.

Check your paperwork to confirm who the actual seller is because as @eskbanker says your consumer rights are exclusively with them.

Ayr_Rage

Polish72 said:

Some clarification please.

I bought a pergola in June last year that was described, among other things as being "rust resistant". I noticed this week a rust area on the top of the metal frame, took a picture of it and contacted the shop I bought it from (a DIY shop - literally). They then contacted the seller who responded stating that as the issue was brought up after 6 months, their warranty does not cover the issue and there is nothing they can do. Having replied to the effect that the warranty is irrelevant and that my statutory consumer rights state that an item should be [quoted SAD FART], that the product breaches at least one of these criteria, if not more and as such they are obligated to deal with the issue. They have so far not responded again and would like to know whether I should in fact be dealing with the retailer directly and that my stance in this is valid. 

Many thanks.

Rust resistant and rust proof are two very different descriptions.

It has resisted rust for over 6 months so you may need an expert opinion as to how long steel should resist rust in an outside environment.

Polish72

Thank you for the replies thus far. Also, should an outdoor pergola not be expected to last more than 6 months? It's garden furniture and something that surely should last beyond one summer...

Polish72

Woodstok2000 said:

Your contract is with the retailer, unless they only acted as a platform to connect you with a seller, e.g. Amazon marketplace, ebay, some B and Q sales etc.

The item was bought from the latter mentioned and the receipt is from the same retailer, however the pergola itself is made by a different company.

Polish72

Alderbank said:

Is the DIY shop B&Q?

Increasingly they seem to be operating as a marketplace for other sellers, especially with regard to large garden items.

Check your paperwork to confirm who the actual seller is because as @eskbanker says your consumer rights are exclusively with them.

Yes, I assumed as such and may be that I have to insist that the retailer deal with this.

PHK

Polish72 said:

Woodstok2000 said:

Your contract is with the retailer, unless they only acted as a platform to connect you with a seller, e.g. Amazon marketplace, ebay, some B and Q sales etc.

The item was bought from the latter mentioned and the receipt is from the same retailer, however the pergola itself is made by a different company.

I don't know why you couldn't give a straightforward answer. But anyway. After six months the onus is on you to prove that the fault is inherent such that it has not lasted as long as it should. (Rather than it has not been abused, neglected or accidentally damaged)

You'd need an opinion with reasoning from a suitably qualified person. You can then present this to the retailer and request a repair or replacement. But it's essentially their choice of remedy on the first occasion. 

Woodstok2000

Polish72 said:

Thank you for the replies thus far. Also, should an outdoor pergola not be expected to last more than 6 months? It's garden furniture and something that surely should last beyond one summer...

Does the pergola not function at all? Or is this a cosmetic issue?

Polish72

PHK said:

Polish72 said:

Woodstok2000 said:

Your contract is with the retailer, unless they only acted as a platform to connect you with a seller, e.g. Amazon marketplace, ebay, some B and Q sales etc.

The item was bought from the latter mentioned and the receipt is from the same retailer, however the pergola itself is made by a different company.

I don't know why you couldn't give a straightforward answer. But anyway. After six months the onus is on you to prove that the fault is inherent such that it has not lasted as long as it should. (Rather than it has not been abused, neglected or accidentally damaged)

You'd need an opinion with reasoning from a suitably qualified person. You can then present this to the retailer and request a repair or replacement. But it's essentially their choice of remedy on the first occasion. 

My reply was straightforward enough - "the latter" was pretty specific. I didn't think I needed to go into details as that's not really the point. Thank you for the advice regarding a qualified person.