Avondale Dart Front Window - Not Covered by warranty!!!

[Lindsay1]

Hi

has anyone else had issues with the front window on an Avondale Dart 545 . We purchased the caravan new last year 2008 model just before Avondale went into liquidation as there were issues around the warranty the dealer gave us a three year insurance backed warranty . On our last trip we noticed a mouldy patch in the centre of the main front window which was on the inside of the unit. Also either side of the main panel there were two stress marks appearing on the plastic. I contacted the dealer and they informed me although usually the window would be replaced under the 12month warranty the window manufacturer gives they would not honour any returns from Avondale vans additionaly the insurance backed warranty did not cover windows ! The dealer wants £750 to replace the window ! not sure what the next course of action is...maybe trading standards as the van is less thean one year old and the dealer isn't responding with an alternative solution. Can anyone advise ...Thanks.

 

[cava55]

I have not had a problem but my mate has with his big crack in it! no warrantee as we know avondale has gone, the window had to be replaced but he had to claim on his insurance or face

 

[Lindsay1]

Thanks kev - just had a look and will bear this company in mind.

 

[Surfer]

Tough on the dealer who is trying to blind side you with their interpretation of the warranty. Obviously this dealer has never heard of the Sale of Goods Act. It is the dealer's responsibility to rectify inherent faults which are not subject to fair wear and tear. See http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

Log onto http://www.consumerdirect.gov.uk/ and outline your issue. They normally respond within 7 days. Alternatively contact your local Trading Standards for advice.

From this point forth, I suggest that you communicate only in writing with the dealer as this will be your proof should you have to escalate the issue. Also send any letters recorded so that there is a signature to say it has been received. In any letters make it very clear to the dealer that you want a reply in writing either by post or email and do not accept phone calls unless you can record them as a phone call is not proof and the dealer can tell you anything you want to hear. another good site for advice is http://www.consumeractiongroup.co.uk/forum/

It just makes my blood boil when dealers try and squirm out of their responsibilities and pass the buck!

 

[johnwendy]

Hi Lindsay

Sorry to hear of the problems you have had, some of us on the forum have had the problem of the front centre window flexing and causing a mirrored mark between the two panes where they touch together while towing. Our Swift has had the window replaced under warranty twice and the window manufacturers own fitter came this morning to replace and collect the old one for testing as it seems to be a design fault.

If your window was made by the same company as supplied some of the others, could you try them or get your insurance company to pursue it for you?

Maybe someone with better knowledge of the legal aspects could advise you, but I wouldn't be too quick to give in and dip into your own pocket to put it right.

You have been given an insurance backed warranty surely this should be covered and they should be helping you resolve it. Do they realise that it has been a recognised problem with some makes of 2008 caravans who had those windows?

We have been really happy with the service from Swift and our dealers Cranham in Upminster but can imagine how you must be feeling when you have been left to deal with it on your own. Hope you get it sorted soon!

 

[paul_374410560]

this is a problem with the windows, yes avondale have gone bust

but the manufacturers know there is a problem

if your window is polyplastic ( let us know)

I think the firm that makes them or distrbutes them is miriad

ask your dealer for their phone number and ask them to resolve the problem

THE warranty is with your dealer, and it a known fault

 

[WilliamLX]

Ignore john & wendy and paul. It is the dealer who sold you the caravan who is legally responsible for replacing or repairing it, not the window company. As you have been told contact the Trading Standards office for the area in which the dealer is located. This will advise you what to do next. It may be worth just letting the dealer know informally that you know your rights, as this may be all it takes.

 

[johnwendy]

Ignore john & wendy and paul. It is the dealer who sold you the caravan who is legally responsible for replacing or repairing it, not the window company. As you have been told contact the Trading Standards office for the area in which the dealer is located. This will advise you what to do next. It may be worth just letting the dealer know informally that you know your rights, as this may be all it takes.

You are right William... the dealer should be the one sorting the problem and they shouldn't get away with fobbing people off.

I think we were just trying to show Lindsay that there is a known problem and she has more information to argue her point.

Wendy

 

[T666]

Its as Ians says, your contract is with the dealer, it states in the Sales of Goods act that if a fault occurs within six months of purchase, then the burden of proof is on the supplier, they have to prve that the goods are not at fault. The goods have to be of satisfactory quality, fit for the purpose for which they were sold and be as descibed. If you are a member of the CC they have a very good legal helpline. You could also consult your local Citizens Advice office, some give free legal advice and representation.

 

[paul_374410560]

Ignore john & wendy and paul. It is the dealer who sold you the caravan who is legally responsible for replacing or repairing it, not the window company. As you have been told contact the Trading Standards office for the area in which the dealer is located. This will advise you what to do next. It may be worth just letting the dealer know informally that you know your rights, as this may be all it takes.

william if you read my note properly you will see that I say the dealer is responsible, but the warranty does not cover windows

BUT the manufacturer of the windows knows there are problems with these windows, so they may help

 

[Lindsay1]

Thanks for your replies. I will be phoning the dealer for the last time tomorrow and letting them know that I will be talking to trading standards. As for the window it is a polyplastic made in 2008 however Miriad are not honouring returns of windows supplied to Avondale. As for the dealer i dont think I would buy from them again as they are quick to take my money but slow to respond to after sales customer Service . I am hoping this poor experiance will be rectified tomorrow!

 

[GrahamSouthBrum]

Try this site.

http://www.dailymail.co.uk/news/article-1187190/EU-law-gives-consumers-year-guarantee-goods-kept-secret-retailers.html

 

[ProfJohnL]

Hello Lindsay

The Sale of Goods acts apply to all new retail goods. If goods you have purchased are faulty the seller is legally bound by the SoGA to remedy the situation. The length of time a warranty exists is not simply a fixed number of months. Where goods are faulty by design, or workmanship, or materials, a claim can be lodged any time up to what is considered the life expectance of the product or part of. In practice there is a limit of six years for most claims, but it is in my opinion it is more than reasonable to expect a window to remain serviceable for more than 12 months.

In essence the other respondents are correct, but the legal warranty rests with the seller who sold you the caravan. This might be important, because if you used Hire Purchase to buy the caravan, then your seller is in fact the Finance House, as that is whom you have a contract with.

This is a matter between the contract holders only. If the goods are faulty, the seller is soley responsible to you the customer. The seller may call for 'expert advice' from the manufacture but the opinion of the manufacture is not legally binding on you or the seller. So if the goods are faulty the seller will have to stand the cost the remedy.

This is civil law, and the test is 'the balance of probabilities' and assuming your description is fair, I cannot see how the seller can resist your claim.

If the seller continues to block your claim, then you must seek professional legal advice.

 

[Lindsay1]

Hello Lindsay

The Sale of Goods acts apply to all new retail goods. If goods you have purchased are faulty the seller is legally bound by the SoGA to remedy the situation. The length of time a warranty exists is not simply a fixed number of months. Where goods are faulty by design, or workmanship, or materials, a claim can be lodged any time up to what is considered the life expectance of the product or part of. In practice there is a limit of six years for most claims, but it is in my opinion it is more than reasonable to expect a window to remain serviceable for more than 12 months.

In essence the other respondents are correct, but the legal warranty rests with the seller who sold you the caravan. This might be important, because if you used Hire Purchase to buy the caravan, then your seller is in fact the Finance House, as that is whom you have a contract with.

This is a matter between the contract holders only. If the goods are faulty, the seller is soley responsible to you the customer. The seller may call for 'expert advice' from the manufacture but the opinion of the manufacture is not legally binding on you or the seller. So if the goods are faulty the seller will have to stand the cost the remedy.

This is civil law, and the test is 'the balance of probabilities' and assuming your description is fair, I cannot see how the seller can resist your claim.

If the seller continues to block your claim, then you must seek professional legal advice.

Thanks all for your input - the dealer has ordered the new window and I am happy again ! It is a shame the communication wasn't forthcoming.

 

[Lindsay1]

Thanks all for your input - the dealer has ordered the new window and I am happy again ! It is a shame the communication wasn't forthcoming.

 

[Lindsay1]

Communication from the dealer .....is what I should of wrote !!