Invalid contract

[gizitbak]

Hi people

I have a question and would like to know if someone can give me some advice.

 

My daughter recently moved out of my home to set up a place for herself and boyfriend.

She has noticed that there is a draught and whistling noise coming from the windows.

The windows were installed about 3 years ago. My daughter has been in her place for about 1 year.

 

The windows are still under guarantee.

 

When she phoned the company up to complain she was told that the guarantee cannot change hands from the previous occupant to herself. Therefore making the guarantee worthless.

 

The quarantee even states this on the contract. Surely this cant be right....

[Movingon]

Not sure of the law here so take with a pinch of salt; but wasn't the "guarantee" on the WINDOWS - not the occupant?!

 

Now if it was a paid for WARRANTY, that's a different matter... but a "Guarantee" is something else entirely...

[gizitbak]

Thanks for the reply StoneLaughter.

Didnt realise there was a difference between warranty and quarantee. I will be going to the CAB later to for advice.

[Movingon]

Yes; you see, a warranty is something you pay for; "You pay us, we'll fix it if it breaks down in certain ways." A guarantee is something given free of charge; and it says "We are certain our product won't break - if it does we'll replace it free." or something like that. Fundamentally different in layman's AND in legal speak. If it's a guarantee then who owns it is immaterial. If it's a warranty they're usually not transferrable.

[Bookworm]

Furthermore, the over-riding principle will be the Sales of goods acts, with stress on "of satisfactory quality" and "fit for its purpose".

 

3 yrs? Go for it, they don't have a leg to stand on.

[gizitbak]

Thank you for the replies.

My daughter phoned up the solicitor and estate agent whom she bought the house through and they are looking into the matter. I am also looking at the SOG act to see if I can make an argument should we get nowhere.

 

Many thanks and will keep this thread going for anyone else who may be in a similar position.

 

John

[Guest Lueeze]

I cant see how a new occupant of a house would make any difference on their guarantee/warranty!!! Typical trying to squirm out of responsibilites!

 

Good Luck

 

Lou x

[gizitbak]

Sorry for the delay in replying.(almost a year:eek:)

I was under the impression that my daughter had sorted this out. But just by chance I asked her about it and it is still unresolved.

 

I have the T+C in front of me here. It is definately a guarantee.

 

It states " Guarantees are not transferrable unless agreed beforehand in writing".

 

Seeing as the windows were put in 2 years before my daughter bought the place, where does that leave her now?

 

John

[rosiecotton]

Furthermore, the over-riding principle will be the Sales of goods acts, with stress on "of satisfactory quality" and "fit for its purpose".

 

3 yrs? Go for it, they don't have a leg to stand on.

 

You won't be able to rely on the Sale of Goods Act as the contract would be with the person who paid to have the windows installed and not with your daughter. She doesn't have a contract with the trader and won't be able to pursue them directly. She might wish to get in touch with the person who does have the contract, but of course they may not be interested in getting involved.

 

Guarantees can include whatever terms they like; they are not statutory obligations and therefore you will be bound by these terms.

 

Sorry that this isn't good news.

[bazak1]

hi jpb1958.

the place that your daughter is in now, is it a private landlord.

[rosiecotton]

One other thing to mention: any guarantees offered before 1st March 2003 are not legally binding on the trader, even to the person who made the contract.

 

Before this date guarantees offered as an incentive (not extended warranties as they are paid for in addition) were considered a "promise" and not legally binding in the courts.

[Hunger]

Try Fensa

 

Just like Corgi the Gas Safety Watchdog, fensa is the glazing watchdog. Set up to get down and dirty on cowboy window companies. It is illegal under the building regulations act for anyone to replace windows for gain without being a member of FENSA.

Your windows are gauranteed for TEN years from the date of installation, just like an NHBC warranty. (and thats a warranty you dont pay for)

energy efficiency, building regulations, replacement window, glass glazing federation: FENSA

Get in touch with FENSA and they will address your complaint.

 

Or speak with your Local building control officer.

 

http://http://www.labc.co.uk/buildingregs/default.asp

 

Or the office of the deputy primeminister ODMP " heas the guy that made the rules"

http://http://www.parliament.uk/parliamentary_committees/odpm/odpm_contact_details.cfm

 

Now can anyone help with my PC World Laptop???

[rosiecotton]

As far as I am aware there is no legal requirement for installers to be a member of FENSA. I would imagine most are, though, as they would then be able to self-certify their work rather than getting Building Control involved and pay those costs.

 

FENSA does require that its members provide an insurance backed guarantee, but as I said this is likely to be between the original consumer and the company as this is where the contract exists. As far as I know, there is no requirement to make that transferable.

 

Again I cannot find any reference to a standard 10 year guarantee, unless the original homeowner had contracted NHBC to certify the work, which doesn't seem to be the case? It's unlikely if the original company were a member of FENSA as they would have self certified. Correct me if I am wrong.

 

This is a problem that crops up reasonably regularly in the grand scheme of things, it's very unfortunate but as there is no direct contract with the installer it's impossible to pursue.

[gizitbak]

Thanks for all of your replies

I have passed this information on to my daughter. Will let you know what happens. Should she fail in her attempts to correct the problem is there anyway I can 'shame' the installer. This sort of 'non-transferable' clause should be against the law!!

 

John

[Hunger]

Its is an offense under the building regulations act for double glazing to be installed without either being installed by a FENSA approved body or having been inspected on completion by a building controll officer.

 

It has to be certified by one or the other.

 

Speak with your Local Building Control Officer.

[gizitbak]

Hello Hunger

 

The work was certified by FENSA

[rosiecotton]

I'd have a word with FENSA.

 

Their code of practice states that traders who are FENSA members must provide an insurance backed guarantee with their work. It does not say on their website whether this must be transferable, so it is worth asking them whether their code of practice covers this.

[gizitbak]

Ok Rosie, Thanks.

[Hunger]

Great News

 

Your windows have been self certified by a Fensa approved installer. that means that they have been installed and fitted in accordance with with current building regulations.

 

This regulation was passed by ODPM to ensure that what has happened to your windows does not happen, it was created in the eighties when there where numerous grant schemes available to people for such improvements.

It stoped Mr Smith and his mate popping in a few windows and claiming the grant.

 

The warranty (I assume) warrants the structure and condition of the property and its components, it is passed on for a reasonable length of time to ensure that the building and its components are safe, sound and in the case of windows protect from water, wind and heat gain/loss.

 

The building regulations are extremlet practical rules, easy to understamd and use. Stick with this dont be fobbed of. Give the installers a call and ask them to re think their stance and remind them theat you will be requesting a Building Controll officer ( Building inspector ) to come and take a look.

 

Have fun

[JonCris]

Hi people

I have a question and would like to know if someone can give me some advice.

 

My daughter recently moved out of my home to set up a place for herself and boyfriend.

She has noticed that there is a draught and whistling noise coming from the windows.

The windows were installed about 3 years ago. My daughter has been in her place for about 1 year.

 

The windows are still under guarantee.

 

When she phoned the company up to complain she was told that the guarantee cannot change hands from the previous occupant to herself. Therefore making the guarantee worthless.

 

Sorry but they can refute liability on change of ownership nor can the new owner sue under the SOGA as they didn't enter into the original contract with the DG firm.

 

However & continuing to assume they have purchased the property..........then when the conveyance was undertaken a certificate of warranty or guarantee regarding the windows should have been requested & obtained which if it didn't pass to thenew owners it should have been brought to theirs & the lenders attention.

 

Had they been told at the time of purchase then a lower offer commensurate with the fact could have been made or they could have decided not to proceed.

 

If any of the above is correct then they may have a claim against their conveyancer

[gizitbak]

Thanks for the replies. Very helpful. Actually she has bought the house and curiously enough there was a delay in the purchase. Something about the guarantee for the windows couldn't be found!!!

 

A few weeks later the guarantee was produced.....hmmm....

 

Beginning to sound a little iffy now..

 

John

[gizitbak]

This topic was closed on 10 March 2019.

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