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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I have a fitted kitchen in which some of the doors are de-laminating.

Resolved Question:

I have a fitted kitchen in which some of the doors are de-laminating. This has happened at regular intervals over the eight years we have had the kitchen, and the manufacturer has replaced the defective ones. The manufacturer, who supplied them with a 25-year guarantee, now says this product is no longer available so cannot supply replacements. Clearly, replacing odd doors would be inappropriate, so my reckoning is that the manufacturer should replace all my doors with ones which are as close to the original style/colour as possible. I hope you agree.
John Brightwell
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello John my name is ***** ***** I will help you with this.Just to be clear you have had replacement doors? When WA this most recently?Alex,
Customer: replied 1 year ago.
Kitchen was supplied (we fitted) in 2008. Doors were replaced as and when they de-laminated.
Expert:  Ash replied 1 year ago.
Its bad news I am afraid, you have a limited time to reject goods. When you reject then you can either have a replacement or a refund. You have chosen a replacement previously. Given the age of the doors then sadly you cant expect them to replace the whole lot free of charge.This is because they are of some considerable age. You would be entitled to have the defective ones replaced as they have offered. However the fact they dont make these old ones any more does not need that you are entitled to a full replacement of all the doors. You would be entitled to a discount. But bearing in mind you have had 8 years use out of the old doors you would not be entitled to like for like.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
You seem to imply that a guarantee of 25 years is worthless. Either they are guaranteed for 25 years or they are not, surely? If something is guaranteed for a period, is it not usual that if something goes wrong with it, then it should be replaced, like for like? After all, it is not the same doors which keep going wrong, it is working its way round, so I am still alleging liability under the 25-year guarantee. The manufacturer admitted liability on the first ones, and replaced them; why does that suddenly not apply now? The fact that they are not produced any more makes the 25-year guarantee useless, unless they are prepared to supply a complete set. When is a 'guarantee' not a 'guarantee'? Best wishesJohn
Expert:  Ash replied 1 year ago.
I did not say it was useless. But the other items are not defective. They are NOT obliged in law to replace items which are not faulty.If within your guarantee it says that they will replace doors of the whole fitting if they no longer manufacture then, then you are ok. But unless it ays this or that they will supply a complete set then you have no legal standing to make them do this.I can outline the process for Court if you wish, but I have given my advice in that unless the guarantee says they will replace all, then your claim is not likely to succeed.Can I clarify anything else for you? Alex
Customer: replied 1 year ago.
Well, assuming that I don't stand a chance of having a unified fitted kitchen any more, let us return to the matter of the defective items which are under a 25-year guarantee. Does the fact that they are no longer manufactured mean that the company is absolved from honouring that guarantee, or should they refund me what I paid, or offer me different replacements?
John
Expert:  Ash replied 1 year ago.
No it does not. They are only entitled to offer you replacements. This is because in law you are only given a limited time to reject them. As its been some time you are only entitled to replacement.Does that clarify? Alex
Customer: replied 1 year ago.
Okay. So to put it in a nutshell, I could insist on them giving me a replacement in a different colour/style, (because they can no longer supply identical doors), but that would be pointless because it would make a mockery of the look of the kitchen. Do you think I could insist on a reduction in price of replacing all the doors to match, the reduction to equal the cost of the replacement (faulty) doors? John
Expert:  Ash replied 1 year ago.
Correct. Does that help? Alex
Ash, Solicitor
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Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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