- This topic has 1 reply, 2 voices, and was last updated 12 years, 2 months ago by
.
-
Posts
-
Hi,
This is my first post. I am a kitchen fitter and have recently installed a Howdens kitchen and appliances (unfortunately!).
I got a call from customer to say dishwasher had developed a leak. I travelled to have a look and it was not a hose or tap etc so rang the helpline and they arranged to send an engineer. I left thinking that would be the end of my involvement.
A short time later, I received a call from customer saying they had received a new dishwasher as the engineer told them it was a design fault so replaced it under warranty. Apparently, Howdens take no further responsibility other than replacement so it is left to the customer to arrange installation and return of faulty unit. The customer kicked off big style with Howdens and they told him to get me to fit new and remove old unit and they would ‘sort me out’!
This I did and when I returned faulty unit they wouldn’t take it as it is customers job to dispose of, and they would not reimburse me in any way as they don’t cover installation!
Anyway, to cut an even longer story short, can anybody advise on the so called design fault. The leak appears when running and comes from bottom left hand corner of door. I have taken the unit to bits and it seems like the only suspect is a curved see-through plastic channel (one either side of door) that catches water from door seal area and runs it through a tube into float in base. Can anybody confirm if this is the so called ‘design fault’ culprit and how to rectify it? If I can repair this, I can at least cover my time & costs and have learned a valuable lesson re- Howden appliances!Many thanks in advance,
Gary.
Re: Lamona LAM8670 dishwasher leaking
Hi Gary,
Sadly, I see this too often.
If you sold it then the customer’s “contract of sale” lies with the retailer, i.e., you if you were paid to supply the goods.
What that means is that you are responsible (you made the profit, such as it may be) on selling the product and you have the honour of being responsible for pretty much anything beyond the cost of the product or, any repair to it covered under the manufacturer warranty.
To simplify as much as I can, this pretty much means that…
You would be responsible for any costs beyond the basic delivery to your premises or that of the customer.
Any claim raised by the customer at any point is with you, not the manufacturer other than a breach of warranty conditions and, even that can be called into question.
It wouldn’t matter what name is on the product or indeed what product it was, in law, these basics will apply if you sold it and took money for it as at that point a contract is formed. It can be written, verbal or implied but the effect is the same any which way.
This is of course in the absence of any conditions of contract that would exist between you and your supplier but, I’d be astonished if there were any other than the basics.
It is not at all even slightly uncommon for many traders to assume that everything is someone else’s problem and they bear no responsibility but that is simply not the case, all retailers do. Whether you sell a 10p screw or a £10,000,000 home or a £10,000 car, all traders have a responsibility in law and it’s all the same thing in essence and all covered under the legislation in place. Namely, the Sale of Goods Act, Distance Selling Regulations and the Supply of Goods and Service Act primarily although others may apply depending on the goods.
How you interpret those can be open to a degree of question. Often, customers see it one way, traders see it another with both culling the bits that they feel suit their ends, more often than not incorrectly in my experience.
The upshot of it is, Howdens are correct. They have no responsibility to reinstall or cover your costs due to a failure, even if it is endemic (which I don’t think it is) as their contract is with you as their customer, not with your customer and, you bought at trade pricing, not retail with a commercial warranty, not retail. The point being, they don’t have a contract with the customer legally beyond the scope of the warranty that they offer.
Howdens, AEG, Bosch, Beko, Big Smelly Dishwashers Inc, it wouldn’t make a jot of difference, the rules are the same for all.
The joy of being a retailer.
I am no legal expert but I’m sure that if any of this is wrong that Jackal or someone will quickly correct the above.
K.
- You must be logged in to reply to this topic.