So are you saying that the manus terms of warranty is given to the installer ? or it is given to the custumer ? who purchased the boiler from the installer ??
Faulty Boiler Who is responsible?
- Thread starter gbmapco
- Start date
So are you saying that the manus terms of warranty is given to the installer ? or it is given to the custumer ? who purchased the boiler from the installer ??
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E
expertgasman
The law is clear. The contract is with the seller, in tghis case the installer. Howver, he can use the manufacturer as HIS agent, but ultimately, the responsible party is the installer. I would NEVER resell a boiler "at cost", you have to have some dosh to cover problems.
gbmapco: Who selected the boiler? Did you actually pay the RGI as part of the job, or on a seperate invouice? Did he charge a premium or did you pay the B&Q ticket price?
This is why I lotge Plumb Center, They have a nice glossy catalogue, which use to have retail orices, and you got your terms. Now most items are non discountable, so any Joe Public pays the same. Except they then expect you to all the running around and problem solving - and charge them the published price!
AND they cause queues asking for advice over a tap washer. Grrrrrrrrr.
gbmapco: Who selected the boiler? Did you actually pay the RGI as part of the job, or on a seperate invouice? Did he charge a premium or did you pay the B&Q ticket price?
This is why I lotge Plumb Center, They have a nice glossy catalogue, which use to have retail orices, and you got your terms. Now most items are non discountable, so any Joe Public pays the same. Except they then expect you to all the running around and problem solving - and charge them the published price!
AND they cause queues asking for advice over a tap washer. Grrrrrrrrr.
Just so as to clear up my confusion ?? Is it being stated that a boiler manus warranty is given to the installer not the customer ?
The customer recieves any manus warranty via the installer during the duration of the warranty period be it 1 year /5 years ect ???
The reason I am asking is because I have a court case next week ? were bye this may come up (maybe?) because there legal reps state the following
The defendant offers a warranty in relation to the items (Boiler) for the benefit of the ultimate end user . The warranty is subject to terms & conditions .
It is denied that there is any contractural relationship between the defendant (them) & the claimant (Me) & that any benefit of the warranty refered to persists for the benefit of the claimant (Me)
The customer recieves any manus warranty via the installer during the duration of the warranty period be it 1 year /5 years ect ???
The reason I am asking is because I have a court case next week ? were bye this may come up (maybe?) because there legal reps state the following
The defendant offers a warranty in relation to the items (Boiler) for the benefit of the ultimate end user . The warranty is subject to terms & conditions .
It is denied that there is any contractural relationship between the defendant (them) & the claimant (Me) & that any benefit of the warranty refered to persists for the benefit of the claimant (Me)
There does seem to be some misinterpretation of the situation going on here. I will see if I can state the position more clearly.
The installer contracts with the customer to supply and fit a boiler. He has a legal obligation to perform the installation in a workmanlike manner and that the boiler he has supplied to the customer is "reasonably fit for the purpose". That would usually be considered to be only for a year or so.
The manufacturer provides a "warrantee" on the boiler for the benefit of the end user, the customer. Thats subject to certain terms and conditions being primarily that the boiler has been correctly fitted to a clean system.
Tony
PS
[ Its such a pity that the last poster hides his identity and done not want to communicate directly with me as I could probably give some useful advice on his forthcoming situation which I suspect will not be concluded to his satisfaction ]
The installer contracts with the customer to supply and fit a boiler. He has a legal obligation to perform the installation in a workmanlike manner and that the boiler he has supplied to the customer is "reasonably fit for the purpose". That would usually be considered to be only for a year or so.
The manufacturer provides a "warrantee" on the boiler for the benefit of the end user, the customer. Thats subject to certain terms and conditions being primarily that the boiler has been correctly fitted to a clean system.
Tony
PS
[ Its such a pity that the last poster hides his identity and done not want to communicate directly with me as I could probably give some useful advice on his forthcoming situation which I suspect will not be concluded to his satisfaction ]
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The contract is between whoever you pay for the supply and installation. If the customer buys his own boiler then the contact is between him and whoever he buys the boiler from.
If the customer has a contract between himself and an installer to supply and fit a boiler then the installer is totally responsible for the installation and the boiler.
If the customer has a contract between himself and an installer to supply and fit a boiler then the installer is totally responsible for the installation and the boiler.
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