Triton spares guarantee VS Sale of Goods Act? Am I unfair?

Joined
23 Mar 2013
Messages
117
Reaction score
8
Location
Essex
Country
United Kingdom
I just thought I would bore you all with a recent experience I have had with a Triton shower spare - a heating can with a failed element after 7 months. By way of background, I replaced the original due to severe kettling after 4 years of use, and had no problem with having to do that.

This was my email to Triton on Friday:

Subject: Sale of Goods Act, is 90 days a reasonable lifespan for a Triton Enlight heating can?

I have just spoken to one of your members of customer service who claims that although the heating can assembly purchased from yourselves on the XX March 2013 (just over 7 months ago) under invoice XXXXXXX has now FAILED on one of the heating elements (open circuit as tested today), you think this perfectly reasonable and can only suggest I buy another, as your standard guarantee on spares is only 90 days.

The new one could presumably fail again in another 90 days, and this would also be, presumably, a reasonable lifespan?

Would you please tell me whether you feel that the Sale of Goods Act applies in this circumstance, and whether you truly feel it is reasonable that I should have to replace a heating can assembly so frequently? Given that the previous can lasted 4 years, I hardly feel that a year's life is an unreasonable expectation for such a part.

Could you please let me know whether we can agree on a partial refund of the cost of the spare, or a replacement (if we can establish the can was not misused), or whether we have to agree to dispute this point?

Kind regards,


etc etc


I received the following reply today: (since the reply is confidential and may not be passed on, I have changed the precise wording, but the meaning is as near as damnit unaltered):


Dear Mr Grillo

Thank you for your email of the 25 October 2013 sent at half four and received at our office.

Our showers and spares are made to all the necessary standards for BEAB approval and are are examined thoroughly to ensure quality control however, as with any machine, parts can last different lengths of time.

The spare you purchased carries a 90 day warranty from when fitted as is shown both on the invoice and in our T&Cs thus, I cannot help you as far as a refund or courtesy replacement part is concerned.

Yours sincerely

etc etc.


What surprises me is that the point made seems to be not whether or not the item was correctly handled and fitted, or whether the Sale of Goods Act applies, but simply that whatever is in the T&Cs stands (even if it is an unfair term???). It strikes me that the advisor is saying that 90 days is indeed a fair innings for an element!

Was my original request of a partial refund unreasonable, and is this typical for spare parts? Seems to defeat the object of making spares at all if they are only expected to last 90 days...
 
Sponsored Links
two suggestions:

you are well within your rights, sales of goods act is well on your side: but if you have had the goods then the onus is on you to prove their is a fault.

Recommend you call trading standards

OR

Subscribe to which magazine trial £1 for 30 days and you get access to free legal advice - boom - they helped me save £120 bill i got sent on a lease car
 
I don't see that its unreasonable for you to expect it will last longer.

But legally if they sell them subject to those terms then I think that you have to accept them because you chose to purchased them in full ( deemed ) knowledge of their T&C.

Triton make some of the worst products in the marketplace and have the worst customer service !

.
 
Thanks for that. The Which? idea in particular is something I would not have thought of!

The thing that strikes me as particularly silly is that Triton has now lost a customer as my new shower is a Mira, so I will not be spending _any_ more money on Triton parts. :rolleyes:
 
Sponsored Links
Thanks for that. The Which? idea in particular is something I would not have thought of!

The thing that strikes me as particularly silly is that Triton has now lost a customer as my new shower is a Mira, so I will not be spending _any_ more money on Triton parts. :rolleyes:

The parts for Triton and Mira are probably made by the same factory in China, (and assembled here)
 
I agree that the quality seems to be on a par, but at least the people selling Mira spares seemed to be offering better warranty terms when I looked, and some of the parts (at least the ones that I had to replace on my own shower) were more competitively priced.
 
The difference is that the Mira is better designed and made. It makes little difference where anything is made if the quality control is correct.

But the real reason to buy Mira is because they value their customers and offer pretty good customer service.

Triton don't!
 
If Triton doesn't accept that there was a fundamental manufacturing problem with the item, then because it is within 6 months since you bought it, they will have to prove this, not the other way around.

You are entitled to a replacement or at the very least have it repaired, the Sale of Goods Act is quite clear on this, as the goods are obviously not fit for purpose. Titons T&Cs, as with any retailer, are only ever in addition to existing laws and consumer rights.

I would send them a letter before action, clearly stating that if they do not accept the claim within 14 days, then you will be submitting a claim against them in the small claims court.

This will cost you £30 using Money Claim Online, which you claim back from them, you also claim your time and costs, it is a straight forward process, so don't be put off by it.

Don't let them get away with diabolical service like this and don't accept that any communication with retailers is ever confidential, they only add that snippet to try mask poor service, it has no legal standing.
 
+1 for the above
I had the same with a washing machine two years ago
I eventually got it replaced after I applied to small claims
 
But legally if they sell them subject to those terms then I think that you have to accept them because you chose to purchased them in full ( deemed ) knowledge of their T&C.

Triton make some of the worst products in the marketplace and have the worst customer service !

.
Tony that's cr.ap sorry.

It is unlawful for any manufacturer to restrict a purchasers legal rights - end of!!

OP where did you purchase the shower? your only redress under the Sale of Goods & Services Acts is a replacement unit and the only company who owes you this obligation is whoever supplied it to you, NOT the manufacturer.
 
If Triton doesn't accept that there was a fundamental manufacturing problem with the item, then because it is within 6 months since you bought it, they will have to prove this, not the other way around.

In my case it is 7 months, so it IS the other way round :(

AlanE. In this case, the spare part was purchased direct from the manufacturer, hence Triton is also the retailer :(
 
You still have the legal right for remedy.

The SoGA states that the retailer must either repair or replace faulty goods 'within a reasonable time but without causing significant inconvenience'

Still send them a letter before action to get the ball moving.[/i]
 
So yes write to them and simply ask for a replacement or else you will seek replacement through the courts.

Give them, say 14 days, and then issue small claims summons. Don't mess about.
 
Agile";p="2922056 said:
I don't see that its unreasonable for you to expect it will last longer.

But legally if they sell them subject to those terms then I think that you have to accept them because you chose to purchased them in full ( deemed ) knowledge of their T&C.
Absolute Balderdash.

Tony, do yourself a favour and stick to electronics :)
 
FiremanT";p="2923077 said:
I don't see that its unreasonable for you to expect it will last longer.

But legally if they sell them subject to those terms then I think that you have to accept them because you chose to purchased them in full ( deemed ) knowledge of their T&C.
Absolute Balderdash.

Tony, do yourself a favour and stick to electronics :)

there will be wording to the effect "this is in addition to your statutory rights and does not effect them"
in other words they can add to there value but not detract so the best off both
 

DIYnot Local

Staff member

If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.

Select the supplier or trade you require, enter your location to begin your search.


Are you a trade or supplier? You can create your listing free at DIYnot Local

 
Sponsored Links
Back
Top