Question on tradesman labour charges outside item guarantee period
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Some manufacturers especially white goods have a 5 or 10 year parts warranty, but it is subject to the manufacturers engineer doing the repair,
I know a qualified engineer who wasn't allowed to fit a part for those reasons.
Not the same thing I believe in your case but.
Tell the customer to get lost and don't do any more work for them.0 -
You are right...........its in the manufactures guarantee but NOT the builders/fitters. Its over two years and he's workmanship has a 1 year warranty.
The product has a 5 year warranty are people honestly saying they think the builder has to return within 5 years!!! And refit it for free!!
I would not and you can lump it.
Who said that? The only thing people here have said is that if the OP supplied the goods and they don't conform to contract, he's liable for costs involved with a repair/replacement (including postage and labour).
Those rights are set out in the Sale of Goods Act for contracts entered into before 1st Oct 2015 and the Consumer Rights Act for contracts entered into on or after 1st Oct 2015.
If any trader doesn't wish to accept those obligations, they have the option of:
1) Not supplying parts and therefore only being liable if something goes wrong with their work
2) Becoming an employee of a company (with the company having liability for the work or goods/parts).You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
unholyangel wrote: »Who said that? The only thing people here have said is that if the OP supplied the goods and they don't conform to contract, he's liable for costs involved with a repair/replacement (including postage and labour).
Those rights are set out in the Sale of Goods Act for contracts entered into before 1st Oct 2015 and the Consumer Rights Act for contracts entered into on or after 1st Oct 2015.
If any trader doesn't wish to accept those obligations, they have the option of:
1) Not supplying parts and therefore only being liable if something goes wrong with their work
2) Becoming an employee of a company (with the company having liability for the work or goods/parts).
No he is not. He fitted a part. There is no suggesting he did anything wrong. He supplies a one year warranty on he's install. The part has gone faulty in over two years. By your logic he is still obligated on a product with a 5 year warranty to get a replacement and fit it for free.
OP supplied the goods and they don't conform to contract, he's liable for costs involved with a repair/replacement (including postage and labour).
That's not what's happened at all and no one has said anything about not conforming. The part has gone faulty......he has said he will replace the part. I would do nothing more.
Most builders I know what tell you to get lost. You can take them to court if you want and see how you get on. That's assuming you paid vat and got a receipt and know who they are. Try it with most handymen or one man bands and see how successful you are.0 -
Ok lets try this.....plumber comes around my house and fits Ikea set of taps with a 5 year warranty. Lets say he supplies them or I do...................4 years 11 months and 27 days later they break.
I pick up the phone and call the plumber......."Hello brother, remember me. Mr entitlement. Them taps have broken. Yes yes the 5 year old ones. Now be a good boy. Jump in ya white van and get around here pronto. Take the taps off, pop to Ikea for an exchange and then come back and refit for free please geezer".
Now that's going to happen!!!!!!!!!!!!0 -
You are confusing warranty with statutory rights under the cra. Under your extreme example if the plumber is also the supplier then yes they could still have some responsibility if the fault was inherent up to six years after it would require a independent report and may not involve complete responsibility it could just be a partial refund. Until the op confirms if he was just the fitter or also the supplier then this is all a bit accedemic anyway but I think you need to read up on what the supplier is liable for under the cra if you are going to continue to give advice.0
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You are confusing warranty with statutory rights under the cra. Under your extreme example if the plumber is also the supplier then yes they could still have some responsibility if the fault was inherent up to six years after it would require a independent report and may not involve complete responsibility it could just be a partial refund. Until the op confirms if he was just the fitter or also the supplier then this is all a bit accedemic anyway but I think you need to read up on what the supplier is liable for under the cra if you are going to continue to give advice.
Not confused I live in the real world with common sence and know what really happens and what does not. I have used many tradesmen over the years and know what they will reasonably do and what they wont. You can give all the advise and quote who you like but I don't know many who will drive for 4 hours to replace something that's broken 2 years after install for free. And to boot to a customer they are not that fond of anyway.
The OP asked about obligation anyway which is not necessarily asking for legal advise. If he wanted that he would be best going to professionals with qualifications.
Of course it is different if they are a large company. My windows and doors came with a 10 year warranty and the returned for many years later until they went out of business.
Independents, handy men and the like don't care what you quote on a forum.0 -
Tiptop..........Not every issue has to be resolved how people tell you it has to.
You can always send the replacement. I assume you supplied it. With a cheque for reasonable labour for it to be to refit by someone else. This saves the travelling and you dealing with him. You will be an exception to the builders I know and its not what I would do but there you go with a solution. Without all the drama some love.
Out of interest, what did you fit?0 -
I agree, my reply was to C_Mababejive, who said the item was out of guarantee.
And i agree with you both :jFeudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..0 -
No he is not. He fitted a part. There is no suggesting he did anything wrong. He supplies a one year warranty on he's install. The part has gone faulty in over two years. By your logic he is still obligated on a product with a 5 year warranty to get a replacement and fit it for free.
OP supplied the goods and they don't conform to contract, he's liable for costs involved with a repair/replacement (including postage and labour).
That's not what's happened at all and no one has said anything about not conforming. The part has gone faulty......he has said he will replace the part. I would do nothing more.
How about you try reading what I actually said rather than just the part you selectively quoted. Here it is again:The only thing people here have said is that if the OP supplied the goods and they don't conform to contract, he's liable for costs involved with a repair/replacement (including postage and labour).
You see that important word in bold? IF the op supplied the goods and they don't conform to contract (faulty doesn't necessarily mean they don't conform).
However I notice what you've said in your latest post on this thread is just paraphrasing what I said in the quoted paragraph - telling the OP to send a cheque to cover the costs of refitting.
If all you have experience of is cowboy traders, perhaps you need to re-evaluate how you select traders to do work for you.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
You really should stop posting now, both ,myself and Unholyangel are right.Tiptop..........Not every issue has to be resolved how people tell you it has to.
You can always send the replacement. I assume you supplied it. With a cheque for reasonable labour for it to be to refit by someone else. This saves the travelling and you dealing with him. You will be an exception to the builders I know and its not what I would do but there you go with a solution. Without all the drama some love.
Out of interest, what did you fit?
If the OP supplied the part and the customer can prove fault is inherent then he is liable for all cost including the cost of the report. But as I said the customer has to go to court to uphold those rights.
You can't change the law or make it up as you go along, facts are facts and that's what the OP was asking for a legal position is what he wanted and now he has it..0
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