Warrantee opinion

[Raywood]

I think the problem here is that the definition is open to interpretation, and at law any ambiguity is construed against the document producer so you would have some chance of winning a case although I am not convinced. A lot has to depend on the costs involved, which I do not know. It would have to be enough to make proceeding worthwhile, and low enough to mean the other side will find it cheaper to pay up rather than defend.

 

[Jcloughie]

I think the problem here is that the definition is open to interpretation, and at law any ambiguity is construed against the document producer so you would have some chance of winning a case although I am not convinced. A lot has to depend on the costs involved, which I do not know. It would have to be enough to make proceeding worthwhile, and low enough to mean the other side will find it cheaper to pay up rather than defend.

The manufacturer have conducted themselves professionally throughout (though slowly). Some of the staff believe I am correct, but today I had a call from a technical person who said it was border line but that the failed item was classed as an accessory and has it’s own separate 1 year warrantee. I do believe I have a strong case regarding the wording of their terms and the fact they have technically left me running an illegal boiler. However I have decided not to proceed. It is only a comparatively low value, not over important accessory. Also, the company have conceded that they have a problem with the wording of their terms and conditions.

He did say this is the first one to have failed, however, I reminded him mine was the very first to be fitted.

John

 

[Dustydog]

Also, the company have conceded that they have a problem with the wording of their terms and conditions.

Thanks for the update John.

On that basis and in view of Ray‘s comment quote them the :-

Contra proferentem rule.
Exactly the legal term for the point Ray made about the originator of a policy wording.

 

[Jcloughie]

Also, the company have conceded that they have a problem with the wording of their terms and conditions.

Thanks for the update John.

On that basis and in view of Ray‘s comment quote them the :-

Contra proferentem rule.
Exactly the legal term for the point Ray made about the originator of a policy wording.

Thanks, I was aware of that except the actual terminology. Useful info.

I don't think it is something I which to pursue any further. The company certainly were not trying to dupe me in any way. I don't think that the wording of their terms has caught up to the law change.

But I may have fixed it!! Time will tell. I opened up the boiler and looked at the part. It is simply two wires which fit to a terminal block. On disabling the device, the technician had simply moved the wires to unused connections on the block. I examined them and they looked damaged at the end, I tidied them up and put them in their rightful place. I then read the instructions to set a temperature curve. I monitored it for a while it is worked as it should. But it need monitoring over a range of external temperatures to be sure.


John

 

[otherclive]

Thanks, I was aware of that except the actual terminology. Useful info.

I don't think it is something I which to pursue any further. The company certainly were not trying to dupe me in any way. I don't think that the wording of their terms has caught up to the law change.

But I may have fixed it!! Time will tell. I opened up the boiler and looked at the part. It is simply two wires which fit to a terminal block. On disabling the device, the technician had simply moved the wires to unused connections on the block. I examined them and they looked damaged at the end, I tidied them up and put them in their rightful place. I then read the instructions to set a temperature curve. I monitored it for a while it is worked as it should. But it need monitoring over a range of external temperatures to be sure.


John

If that is all it was it doesn’t say a lot for the technician does it.

 

[Dustydog]

Thanks John.
Overall I hope all the comments were of interest and help to others too. 👏👏

 

[Jcloughie]

If that is all it was it doesn’t say a lot for the technician does it.

No, but he did not actually look at it, because, as far as he was concerned it was not under warrantee. But he could have made more of an effort.

John

 

[bertieboy1]

My central heating has a 7 year warrantee. It was installed in 2018 with full service history.

Between obtaining an estimate and the installation the law changed. This meant that I had to have extra fuel saving components. I chose a temperature compensator. and was charged a couple of hundred pounds for it. This regulates the maximum boiler temperature in line with the ambient outside temperature. It provides a much more gentle heat output in warmer weather, probably makes no difference when it's very cold.

The sensor is fitted to the flue terminal and wired to the control panel. The boiler temperature knob then becomes a temperature curve adjuster.

I would personally now call that part of the 'integrated controls'.

It recently failed.

I made a claim. The Warrantee dept. said that is covered. The engineer arrived and said it wasn't. He disconnected it so the boiler now works without the compensator. He said only the bits in the white box are covered and that this is part of the flue.

I disagreed and read the terms and conditions. Clause 8 states 'This Warrantee only relates to the boiler and integrated controls'.

My argument is. Once wired in, this is part of the integrated controls.

I am spending many hours on the phone trying to argue my point. So far the people I am speaking to are agreeing with me. Just need to speak to the technical dept. now to see if they can convince me of a good reason why it is not covered. I am still holding.

What do other think.

John

No one would have ever had known what is installed,the whole subject is "unpoliceable.

 

[Jcloughie]

No one would have ever had known what is installed,the whole subject is "unpoliceable.

Everything that is installed and fitted and serviced is held by the manufacturer.

John

 

[Jcloughie]

Update.

Surprisingly I purchased a new OEM temperature sensor from eBay for £21. I installed it yesterday. First I tested the impedance of old and new. There was very little difference. But I can’t find out what it is supposed to be. So I did not expect it to make any difference. However. First impressions are that the problem is fixed. Time will tell.

John

 

[bertieboy1]

My central heating has a 7 year warrantee. It was installed in 2018 with full service history.

Between obtaining an estimate and the installation the law changed. This meant that I had to have extra fuel saving components. I chose a temperature compensator. and was charged a couple of hundred pounds for it. This regulates the maximum boiler temperature in line with the ambient outside temperature. It provides a much more gentle heat output in warmer weather, probably makes no difference when it's very cold.

The sensor is fitted to the flue terminal and wired to the control panel. The boiler temperature knob then becomes a temperature curve adjuster.

I would personally now call that part of the 'integrated controls'.

It recently failed.

I made a claim. The Warrantee dept. said that is covered. The engineer arrived and said it wasn't. He disconnected it so the boiler now works without the compensator. He said only the bits in the white box are covered and that this is part of the flue.

I disagreed and read the terms and conditions. Clause 8 states 'This Warrantee only relates to the boiler and integrated controls'.

My argument is. Once wired in, this is part of the integrated controls.

I am spending many hours on the phone trying to argue my point. So far the people I am speaking to are agreeing with me. Just need to speak to the technical dept. now to see if they can convince me of a good reason why it is not covered. I am still holding.

What do other think.

John

Never heard of the law change you are referring to.Seems open and shut to me with your 7 year guaretee, did you pay the fitter

 

[Jcloughie]

Never heard of the law change you are referring to.Seems open and shut to me with your 7 year guaretee, did you pay the fitter

I quoted the law earlier with a link.
There was no charge.

John