Different one today

[Mike Jackson]

I got asked to do an inspection and report on two faulty Burco lpg water boilers.

The customer bought one from a retailer 9 months ago and it leaked. Tried to take it back and the retailer was having none of it. After much arguing Burco sent out a replacement direct and the ignition doesn't work. Customer is not happy with the quality of the units and has asked for a refund. Burco have said that they can't issue a refund direct but if they take the boilers back to the retailer the retailer will give them a refund. they even gave the customer a reference number for the retailer to quote to get their money back from Burco.

The customer contacted the retailer again who has stated that they will not issue a refund as on inspection they found nothing wrong with the boiler. Strange that as the retailer has never inspected the boiler. The customer went into the shop with the faulty boiler and the retailer told him to F off and talk to his solicitor.

This is where I came in. Citizens advice have told them they need an independent report that the goods are not of merchantable quality and to then take the retailer to the small claims court.

What do you reckon?

[video=youtube;qVj_NRVJCZo]https://www.youtube.com/watch?v=qVj_NRVJCZo[/video]

I took the burner assembly out and placed a light source inside the water reservoir and you can clearly see that the seam has failed.

Burco leak 2 by Mike Jackson1, on Flickr

 

[Rickster123]

Don't know much about burcho. Are they cheap tat? Looks like a very poor build quality.

p.s good to see you on the forum mike, I almost miss your "poo talks".

 

[IDCHAPPY]

Looked fecked to me Mike 🙂

 

[Atouchofgas]

Bit of silicon will see that right!

 

[Rich8]

Is it not a trade and standards issue with the manufacturer

 

[Mike Jackson]

Don't know much about burcho. Are they cheap tat? Looks like a very poor build quality.

p.s good to see you on the forum mike, I almost miss your "poo talks".

Used to be good, now tat. Not so sure about cheap, customer paid over 200 notes.

 

[Rickster123]

I'd say the manufacturer can have no arguments. Send them the video and let them know it's about to be put on youtube and sent to Anne Robinson!

 

[Best]

I think as the retailer seems to have been completely unhelpful, then I would lean hard on them with very hard hitting, but polite, recorded delivery letters stating the facts & that they have failed in their legal obligations.
Free advice from a local Citizen Advice should clarify & confirm if you are completely in the right before you do anything.
Think small claims court will be a loser for the retailer, who will find it hard to explain why they refused to do anything. But this requires letters which prove you stated the facts & requested it sorted & retailers lack of or refusal of help.
Would be great if the customer along with a few heavy mates, took the two faulty Burcos & stood outside the retailers door showing them to every person that arrived. Perfectly legal.

 

[Mike Jackson]

Manufacturer has no issue with units being returned, it's the retailer that won't take them back despite having a legal obligation to do so. Customer has done all of the letters, citizens advice etc. and my report was the last thing they needed before going the small claims route. I've told them to include the cost of my report in their claim as they shouldn't be out of pocket due to the retailer failing to reimburse them.

 

[Best]

You could also go as a witness - in this case an expert witness because you are the engineer.
Not sure, but sometimes possible for an experts costs for your time to be added to the claim.
The more money added the better for the retailer to have to pay.
Tell the customer to put plenty of carefully worded statement into the small claims court & then for the day of court do plenty documents with photographs, witness statements, invoices, receipts, reports from you, etc. That means the retailer will have all that to look at on the day of court.

 

[AWheating]

as some author once wrote, God said "dew onto others as they would dew onto yow".

 

[SimonG]

Sales of goods act, not fit for purpose.

Bought my sky box from currys. Ten months old it goes kaput. Phones sky and they cant come out for a week. Phones Currys to say im bringing it back, they say I have to go through sky, gonads I say, bought it from currys, its not working, its coming back. They swapped it.

 

[Best]

Think same rules apply for us if we supply anything & it gives trouble under warranty - 1st, we are responsible to customer, - 2nd, the supplier is responsible to us, -3rd, the manufacturer is responsible to the supplier.
It is basically who you buy from that you have a contract from, although there is more to it as the manufacturer is often ultimately responsible.