Installation error but now out of warranty

[iainmac]

Hello all, very informative site, clearly helping a lot of people.

My situation is:-

Bathroom installed 3 years ago (by a reputable local company).
No problems till the shower pump intermittently refuses to start.
Out of warranty (2 years).
Installation company (to whom I had to pay a call out charge) first said the pump was OK (despite observing the intermittency), then said it must be the pump that is faulty.
Not their problem, I should call the pump manufacturer.

So I did......to be told by the pump manufacturer that the wrong type of pump was installed for my set up. Their web literature backs this up.

I'm now in the middle of an "interesting" conversation with the installation company on whether they are going to fix it or not.

My current plan is formal written complaint, give them 14 days, threaten to take them to small claims court, etc.

My question is - do I have any actual rights here, given it is out of warranty but appears to be an original installation error?

Thanks for any advice.

[Conniff]

I believe you would as you relied on their expertise.

You don't know what sort of pump should be installed, they could have installed a petrol pump for all you cared, they are the experts so it must be correct.

If you have the manufacturers word (and I hope you ask for this in writing) as well as a leaflet, then I think you have a sound reason to demand they replace the pump at their cost.

[Bookworm]

Also, warranties do not supersede your statutory rights, and if you have to take them to court, you will be relying on the fact that the item supplied was not fit for purpose/not of satisfactory quality in terms of reliability/durability, so forget about the warranty.

Make sure you get something in writing from the pump manufacturer about the non-suitability of the pump in question, as you can use that as your expert opinion when it comes to building your case, and the installation company will have a hard time refuting this.

Let us know how you get on.

[Bookworm]

PS: Don't forget you want the call-out charge back too.

[slick132]

Can I add a few words of warning here.

If it can be established that the type of pump fitted was not suitable according to the pump manufacturer, you have a fairly clear case against the installer.

However, with hot water pumps, you may find there is a suggested maximum water temperature and using it to pump water hotter than this may invalidate the pump's warranty.

This might give the installer room to deny liability if they maintain that the pump was suitable.

Your case would be far stronger against the installer if you had the benefit of Expert Opinion. Speak to the pump manufacturer and ask if it's possible for someone local to visit, inspect and report.

You may have to pay for this but it may just make your case more watertight (sorry:o).

[2Grumpy]

Our shower pump gets intermittent when the head needs descaling

not sure whether thats the shower head or my head

[robin9342]

However, with hot water pumps, you may find there is a suggested maximum water temperature and using it to pump water hotter than this may invalidate the pump's warranty.

This might give the installer room to deny liability if they maintain that the pump was suitable.

I don't see how. Surely the installer would be expected to check and adjust the hot water temperature during installation?

[slick132]

Hi Robin,

I don't see how. Surely the installer would be expected to check and adjust the hot water temperature during installation?

Of course, but the water temp can be increased after installation by Iainmac adjusting the boiler thermostat and/or the hot water cylinder stat.

The installer could say they set the temp at 50C and found it at 65C when they came back.

It was just a warning but I think the best way fwd would be to get expert opinion if Iainmac wants to take this further.