I moved into a new apartment on 5th Sept 2008. Since January 2010 the Geminox Gas Boiler began playin up going into reset mode continually. It would usually ignite after 6-7 attempts. We put up with this due to mild weather and the fact we were not using the boiler.
I got the boiler serviced on 9th Sept 2010. But that very evening it cut-out yet again! The engineer called back and eventually established the LMU64 Circuit Board was defective. The repair on 16th Oct cost £299.63.
I have written to the UK distributors Evinox and they are refusing to pay for the part, yet they claim to offer an 8 year warranty on the LMU! This is because I did not have the boiler serviced in 2009, yet the LMU IS NOT a serviceable part according to my engineer. Therefore, in my opinion it is immaterial whether the boiler was serviced or not? Am I wrong?
Do I have a case to pursue under the Sale of Goods Act where 'fitness for purpose' and 'durability' could be questioned?
I am willing to take this to a small claims court if necessary. Please advise anyone??
candyman
I got the boiler serviced on 9th Sept 2010. But that very evening it cut-out yet again! The engineer called back and eventually established the LMU64 Circuit Board was defective. The repair on 16th Oct cost £299.63.
I have written to the UK distributors Evinox and they are refusing to pay for the part, yet they claim to offer an 8 year warranty on the LMU! This is because I did not have the boiler serviced in 2009, yet the LMU IS NOT a serviceable part according to my engineer. Therefore, in my opinion it is immaterial whether the boiler was serviced or not? Am I wrong?
Do I have a case to pursue under the Sale of Goods Act where 'fitness for purpose' and 'durability' could be questioned?
I am willing to take this to a small claims court if necessary. Please advise anyone??
candyman