In 2007 we purchased a new Compass Omega 484, this year I found rain had entered the front window and had damaged the inside front sill. I contacted the local retailer we had purchased it from only to be told that because we had not had it serviced by them we would have to pay for the repairs ourselves. I have tried to contact Explorer without success for their comments as feel this problem shouldnt have happened to a relatively new caravan. Any suggestions? We are faced now with a very large repair bill and in a no win situation, can't sell van in this condition and yet can't keep it- help!
Help-Advice please!
- Thread starter Dawnwest7
- Start date
Parksy
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- Nov 12, 2009
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Hi Dawn
Have you had the caravan serviced on schedule by an approved service engineer even if it is not the supplying dealers?
Most caravan body shell integrity guarantees are valid provided that you abide by the terms and conditions set by the manufacturer and one of the main conditions is that the caravan is serviced annually by an approved caravan service engineer.
I agree that this problem definitely should not have happened but the guarantee validity is usually dependent on the servicing schedule being adhered to.
Have you had the caravan serviced on schedule by an approved service engineer even if it is not the supplying dealers?
Most caravan body shell integrity guarantees are valid provided that you abide by the terms and conditions set by the manufacturer and one of the main conditions is that the caravan is serviced annually by an approved caravan service engineer.
I agree that this problem definitely should not have happened but the guarantee validity is usually dependent on the servicing schedule being adhered to.
Under the Sale of Goods Act you are not bound to any contract to have an item serviced, however if ti had been servcied the problem may have been picked up earlier and the repair bill a lot less. By the same token if yu cna prove that it was a fault that was there on purchase you may be able to force the issue as this would be a latent defect.
Extracts from Sale of Goods Act
Key Facts:
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).
IMHO this will need to be done though a solicitor . You may stand a chance of winning. I detest the high sericing charges, but I bite the bullet for the first three years and get it done anyway, however I insist that they only check and service the running gear and do a damp test and that is all I pay for. After all they do not service the gas appliances and neither do they servcie the water or electrical circuits. Inside the caravan they only check and no service is done but you stiill have to pay for this check to see if the doors open and close! If you don't know the doors inside ther caravan don't open or close then you should be living in a hut without windows and doors and nto a caravan! LOL!
Extracts from Sale of Goods Act
Key Facts:
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).
IMHO this will need to be done though a solicitor . You may stand a chance of winning. I detest the high sericing charges, but I bite the bullet for the first three years and get it done anyway, however I insist that they only check and service the running gear and do a damp test and that is all I pay for. After all they do not service the gas appliances and neither do they servcie the water or electrical circuits. Inside the caravan they only check and no service is done but you stiill have to pay for this check to see if the doors open and close! If you don't know the doors inside ther caravan don't open or close then you should be living in a hut without windows and doors and nto a caravan! LOL!
- Mar 14, 2005
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I largely concur with Surfer on this one, but I think you may need some additional explanation. There are basically three forms of protection you may have:-
Statutory Rights under Sale of Goods Act or warranty
When you purchase something you automatically have certain statutory rights as defined and supported by the Sale of Goods Act. These rights are exclusively between you and the seller, and the seller cannot avoid the liabilities these rights give you. Surfers quotes are fine and they explain what you can expect from SoGA. Warranty work is the responsibility of the seller alone.
Manufacturers Guarantee
Parksy's points relate to the manufactures Guarantee. In most cases when you make a new retail purchase, you are also offered a manufacturers guarantee. This must not be confused with your statutory rights, they operate in an entirely different way. Sometimes the guarantee is automatically started and sometimes you actually have to sign to accept it. Manufactures are not obliged to offer any guarantee, and as such it is governed by different rules. Even though money is not part of the arrangement, the guarantee is as much a contract as any other, so if you accept the manufactures guarantee to take advantage of it you must abide by its terms and conditions. Usually one of the T&C's is a requirement to have the caravan serviced or inspected in accordance with a strict schedule. If you do not keep to the schedule, you are in breach of contract and that permits the manufacture to decline any claims. Usually guarantee work can be carried out by any dealer authorised by the manufacture not just the seller
Breakdown Insurance or Extended Guarantee
In some cases when you make a new retail purchase, you are also offered an "Extended Guarantee". This is not strictly a guarantee at all, it is an insurance policy, and you pay a premium for the cover it provides. This is a contract, and to take advantage of it you must abide by its terms and conditions. Breakdown insurance work can be carried out by any person authorised by the insurance company.
Statutory Rights under Sale of Goods Act or warranty
When you purchase something you automatically have certain statutory rights as defined and supported by the Sale of Goods Act. These rights are exclusively between you and the seller, and the seller cannot avoid the liabilities these rights give you. Surfers quotes are fine and they explain what you can expect from SoGA. Warranty work is the responsibility of the seller alone.
Manufacturers Guarantee
Parksy's points relate to the manufactures Guarantee. In most cases when you make a new retail purchase, you are also offered a manufacturers guarantee. This must not be confused with your statutory rights, they operate in an entirely different way. Sometimes the guarantee is automatically started and sometimes you actually have to sign to accept it. Manufactures are not obliged to offer any guarantee, and as such it is governed by different rules. Even though money is not part of the arrangement, the guarantee is as much a contract as any other, so if you accept the manufactures guarantee to take advantage of it you must abide by its terms and conditions. Usually one of the T&C's is a requirement to have the caravan serviced or inspected in accordance with a strict schedule. If you do not keep to the schedule, you are in breach of contract and that permits the manufacture to decline any claims. Usually guarantee work can be carried out by any dealer authorised by the manufacture not just the seller
Breakdown Insurance or Extended Guarantee
In some cases when you make a new retail purchase, you are also offered an "Extended Guarantee". This is not strictly a guarantee at all, it is an insurance policy, and you pay a premium for the cover it provides. This is a contract, and to take advantage of it you must abide by its terms and conditions. Breakdown insurance work can be carried out by any person authorised by the insurance company.
Parksy
Moderator
- Nov 12, 2009
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From what Dawn the OP wrote the dealership has refused to do the work on her caravan on the grounds that she 'had not had it serviced by them'
I was trying to establish whether Dawn has had the caravan serviced elsewhere other than at the supplying dealer because this wasn't made clear in her opening post.
If the caravan has been serviced in accordance with the terms of the manufacturers guarantee but by a different approved service engineer the dealer can't justifiably refuse a guarantee claim just because the caravan was not serviced by the supplying dealer.
If on the other hand the caravan has not been serviced in accordance with the terms and conditions of the manufacturers guarantee then Dawn will need to consult her local trading standards office Click Here or a solicitor to pursue a claim for repairs under the S.O.G.A.
I was trying to establish whether Dawn has had the caravan serviced elsewhere other than at the supplying dealer because this wasn't made clear in her opening post.
If the caravan has been serviced in accordance with the terms of the manufacturers guarantee but by a different approved service engineer the dealer can't justifiably refuse a guarantee claim just because the caravan was not serviced by the supplying dealer.
If on the other hand the caravan has not been serviced in accordance with the terms and conditions of the manufacturers guarantee then Dawn will need to consult her local trading standards office Click Here or a solicitor to pursue a claim for repairs under the S.O.G.A.
Actually even if the OP never had the caravan serviced, they are stil covered under the Sale of Goods Act.
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