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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I fitted a boiler in a ladies house and two years later she

Resolved Question:

I fitted a boiler in a ladies house and two years later she had some problems with it, I thought it had a two year warrenty which had just run out so I charged her for the parts and labour, she then phoned the boiler manufacturer and found out that it actually had a five year warrenty so she did not pay me and I said I would phone the manufacturers to see if they would help out with this problem, as yet they have been unhelpful and do not answer or return my calls now, who is liable to pay for the work and materials (£430-00) can you help me so I know how to deal with this problem
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Did you tell her that there was no warranty in place when you decided to undertake the repairs?

Customer:

we did not speak about warrenty because I thought that it had run out, it was normal for a boiler to have a one or two year warrenty but the company had changed to a five year warrenty on that particular model and after two years of being fitted in her house it was not something that I was thinking about to much

Ben Jones :

Unless you actually misled the client about the warranty, for example telling her there was no warranty when in fact there was and in that way making her use your services instead of going through the warranty, then she will be liable for these costs. A warranty is just additional cover - you can rely on it or you can decide not to use it and carry out any repairs yourself or by getting someone else in to do them, as in this case. The client did not use her warranty and asked you to undertake the repairs, you then did so in good faith and as such you are free to pursue her for the repair costs that were incurred.

Customer:

that's kind of how I thought it would be, but I wasn't sure, so I think you have given me the answer that I wanted, I can't see the manufacturer helping at all, why would they, if they can get away with not having to pay anything they will, many thanks Ben

Ben Jones :

You are welcome. Had they been approached first and a claim made under the warranty it would be their problem, but now there is a contract between you and the lady and as she asked you to do the repairs and you did so, she would be liable to pay you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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