Warranty issue

Feb 22, 2008
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We purchased Swift Major 4FB February 2015. This our 2nd Sprite.
June this year while cleaning the front windscreen we noticed two cracks on the rim. We contacted the dealer who apparently sent photos to Swift for the repair under the 3 year windscreen warranty. Swift declined the replacement saying in their opinion the windscreen was damaged not a manufacturing defect.
E-mails back and fro and the Warranty guy became quite rude and abrupt. The final email says that if it was a manufacturing defect it would have appeared before now (Purchased Feb 2015)
My argument is that they have not inspected the fault. It is hard to see by the naked eye as it is on the rim and is obscured when the window is closed by the rubber seal. It was detected when cleaning the caravan. The windscreen was open out to clean the rim and the cloth I was using to clean, caught on the edge. Further inspection revealed the splits / cracks.
If I had damaged it I would not be trying to claim under the warranty. But I cannot see how this was "damaged" as there are no other marks or evidence anywhere around the area on the caravan.
The Warranty clearly states 3 years for Windows, 10 years body shell. If they say 3 years for manufacturing defect and then deny that a manufacturing defect could be revealed after the 1st year, why have a "3 year Warranty"?
 
May 7, 2012
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Frankly I agree that it is unlikely they can say what caused it without examining it. You also have rights against the dealer under The Sale of Goods Act and if you dispute the decision would write to them pointing out this and saying you do not accept Swift's decision and will be taking action in the small claims court if they do not deal with it. It would help though if you could get an independent report on this. If these are linear cracks then it is unlikely to be impact I think. Impact would normally be a central mark with cracks radiating out from there.
You could also check the other forums to see if you can find other similar reports on Swift products.
 
Mar 14, 2005
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jackie55 said:
We purchased Swift Major 4FB February 2015. This our 2nd Sprite.
June this year while cleaning the front windscreen we noticed two cracks on the rim. We contacted the dealer who apparently sent photos to Swift for the repair under the 3 year windscreen warranty. Swift declined the replacement saying in their opinion the windscreen was damaged not a manufacturing defect.
E-mails back and fro and the Warranty guy became quite rude and abrupt. The final email says that if it was a manufacturing defect it would have appeared before now (Purchased Feb 2015)
My argument is that they have not inspected the fault. It is hard to see by the naked eye as it is on the rim and is obscured when the window is closed by the rubber seal. It was detected when cleaning the caravan. The windscreen was open out to clean the rim and the cloth I was using to clean, caught on the edge. Further inspection revealed the splits / cracks.
If I had damaged it I would not be trying to claim under the warranty. But I cannot see how this was "damaged" as there are no other marks or evidence anywhere around the area on the caravan.
The Warranty clearly states 3 years for Windows, 10 years body shell. If they say 3 years for manufacturing defect and then deny that a manufacturing defect could be revealed after the 1st year, why have a "3 year Warranty"?
Hello Jackie,

Unfortunately, when you agree to take out any of the manufacturers warrantee's you agree to their terms and conditions. It is usual that the manufacturer reserves the right to accept or decline any claim made through the warranty, it will almost certainly be some where in the T&C of the warranty policies.

Raywood is broadly correct about your rights with the dealer under the the Sale of Goods Act, but I must urge caution, becasue having had the goods for more than 6 months from the date of exchange, you have to be able to prove the fault was present at the time of exchange, or at least the underlying inherent fault was present.

Like the manufacture, the seller might claim the problem is not a fault but the result of damage occurring after the point of sale, to be successful you will need to be able to provide enough evidence that it was present at the point of sale. - that is a very difficult task in these circumstances.

However the manufacturer's warranty is separate contract between you and the manufacturer (The dealer is the manufacturers agent in these matters) and even though you were not charged a sum of money for it, it will still be subject to the supply of services regulations. I'm no expert on service side of things, if you feel the way the contact has been managed by the manufacturer, such that its unfair, then you may be able to approach the matter from that perspective.

You need to do some research into supply of services, and you will probably need to seek professional assistance.
 
May 7, 2012
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Just to add a little, if you are a member of either of the clubs then their Legal Advice helpline is a good place to go for a start. If you are not check your house insurance for this or any union membership and if not you can try the Citizens Advice helpline.
As I said if you can get a report from someone qualified it will help and the detail of the crack can give the cause away if you can describe it or post a photo. Frankly the cost of defending a claim in the small claims court is so high in most cases you will get an offer just to get rid of you but you will need to get the price for replacement first.
 

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