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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My mothers boiler has broken, and an engineer informed us

Customer Question

My mother's boiler has broken, and an engineer informed us that there was a leak in the water-jacket. I have contacted Warmflow (because the boiler was a Warmflow High Efficiency Utility appliance) and explained that it is under a 5-year warranty and that it was commissioned in 2010. The company however claim that the appliance date code (which can not be found on any of my mother's paperwork, invoice etc nor on the boiler itself) is 2008, and that the warranty has consequently expired.
My question is this : is it fair and legal for a company to install a "new" appliance with a 5-year warranty, but then to claim that the "date code" is different to the installation date, and that a warranty has in fact expired in less that 5 years from the date of installation?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Does the warranty state that it is for 5 years from the date code? Also, when was the boiler installed?
Customer: replied 2 years ago.

Yes, the warranty states that it applies from the appliance date code, but this date code is not to be found on any of the papers/invoice etc which came with the boiler. The boiler was installed on 8/4/2010.

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

You may argue that the warranty term is unfair as it should be from the installation date, not the date code. You were never informed of the date code at the time of installation and a common person in your position would assume that the date code is the installation date where no other date has been specified in the paperwork.

Also, your second ground of claim is under the Sale of Goods Act 1979 (as amended) which gives you up to 6 years to make a claim for faults developed in the boiler. You would need to show that the boiler has developed a fault which you can show by your engineer's report.

You should go back to Warmflow with the above points and if they still refuse to help, you may complain to Trading Standards and/or lodge a court claim against Warmflow by having the boiler fixed yourself and seeking reimbursement from Warmflow.

A court claim may be filed online at www.moneyclaim.gov.uk

Hope this helps

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