Water ingress in new caravan

[peter_374410740]

I have a caravan which is eight months old and has water ingress in various places. Our dealer is going to rectify this but obviously I am very disappointed about this as the caravan is very new. I now feel uncomfortable with the caravan as I have had numerous caravans over the years without any water ingress and will wonder if this will occur again in the present van. Does anyone know whether under the Sale of Goods Act if I have a valid reason the ask for a caravan exchange or a refund of money.

Comments would vbe appreciated

 

[ProfJohnL]

Hello Peter,

I fully understand your concerns, and it always annoys me to read of caravanners who have suffer water seal failure ingress, which simply should not happen on modern caravans.

I must first say that under the circumstances you describe which are not entirely clear cut, if you wanted to pursue the matter under SoGA, It would be wise to seek professional legal advice.

SoGA has three important time limits, the first is 6 months from point of sale (PoS) and the second is the normal life expectancy of a product, and the third is the 6 year limit on SoGA claims.

If a product fails within the initial 6 months (and it has not exceeded its normal life expectancy e.g. perishable or consumable goods) then SoGA assumes the product was faulty from new. The seller is obliged offer either a full refund of all costs or a replacement.

Beyond 6 months the onus is on the customer to prove any fault was present at PoS.

As the caravan is 8 months old the 6 month time limit has expired.

In essence you would need to prove by the balance of probabilities the fault was present at the Point of sale. That I suspect will be quite difficult.

You need to consider? in which ways does the product fail the SoGA test:-
Is it a faulty design - unlikely as other vans of the same design may be fully dry.

Is it faulty materials or workmanship? - this is likely, but without a careful inspection of the product its difficult to know for sure.

Is it fit for purpose? - Sometimes you have to look at the question from a different perspective such as; Did the product fail to work completely?, and here the answer is that it has partially failed.

Is it durable and of merchantable quality? - this also dependent on careful inspection and comparison with what a normal person would expect.

In all of this the seller may suggest the caravan has been abused or mistreated which you would have to prove otherwise.

Being pragmatic about it, A competent repair can be a perfectly acceptable solution. The key test will be if the caravans has a lower value than the same caravan that has not suffered the fault.

 

[Raywood]

If you are a member of either of the clubs you can get free lagal advice on your rights. I think you are too late to reject it, the courts seem to have been very reluctant to apply this remedy but you need good legal advice. Do remember your contract is with the dealer and finance company if there is one so technically your claim should be against them.
The point as to whether the fault was there when you bought it is a good one but unless you have abused the caravan then the only sensible conclusion is the fault was there. The fault is not the leak but the inadequate sealing of the joint. The leak is only a sympton of this. It might be that once the area is exposed you would need an independant examination to establish the situation if you want to take the matter further.
I do wonder if rejecting it and buying another caravan is a good idea as on current form as you could end up with a repeat of the problem.
Whatever happens good luck and let us know the outcome as it will help others in the same situation.

 

[Dustydog]

Hi Peter

See this :- http://www.practicalcaravan.com/forum/general/soga-rules-supreme
This may be the "key" you need.

Keep us posted. Good luck.

 

[Surfer]

Seems like the caravan has an inherent fault as per SOGA

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.

 

[peter_374410740]

I would like to thank you all for your replies to my posting. I will let you know what happens when my dealer eventually gets all the required parts to try and rectify the damp. I also think that with caravans being so popular they are being mass produced without adequate final inspections.

 

[ProfJohnL]

I also think that with caravans being so popular they are being mass produced without adequate final inspections.

Hello Peter,
Your correct, though its unlikely a miss-assembled seal would actually be detectable by a final inspection. Manufactureres need to invest in quality assurance at the production line level, rather than leaving it to dealers and customers to find the mistakes they allow to happen through inadequate production controls.

 

[Surfer]

Hello Peter,
Your correct, though its unlikely a miss-assembled seal would actually be detectable by a final inspection.

I doubt if they can do that which is why they leave it to the consumer to find out the hard way!