Stove leaking smoke into room

jakko86

Hi I had a stove fitted recently by a trained fitter sent out from the shop I bought it from. He made a couple of mistakes with fitting the stove and now I'm find in the stove is leaking smoke into the room. Is there anything I can do about the shoddy fitting as the shop don't seem to be bothered?

chrysagon

back to the shop..sales of goods act 1980... fix/ replace or hand back the money

jakko86

chrysagon wrote: »

back to the shop..sales of goods act 1980... fix/ replace or hand back the money

I have asked the shop to send me out someone else as I don't want anything to do with the fitter that fitted it as he tried to charge me more than shop agreed and he didn't do all the work slabbing around the unit as was agreed and now I find the stove is leaking smoke which is dangerous if nothing else so I want them to send out another fitter is this unreasonable.

chrysagon

no... you have done your part.... legal route if the shop wont co operate!

jakko86

quote="chrysagon;93838649"]no... you have done your part.... legal route if the shop wont co operate![/quote]

Thanks I have convection vents on the side of the breast as it's built in and just today I realised that's where the smoke is coming from as I though it was from loading it. I can see in and the white insulation around the flue is gone brown.is there any body that regulates this kind of work as this just isn't good enough.

chrysagon

Under this Act the purchaser of goods has a number of rights - the main ones are

Goods must be of merchantable quality – goods should be of reasonable quality taking into account what they are meant to do, their durability and their price
Goods must be fit for their purpose – they must do what they are reasonably expected to do
Goods must be as described - the buyer must not be mislead into buying something by the description of goods or services given orally by a salesperson or an advertisement.

When you buy goods in a sale you have the same rights as when you pay full price for the goods.

If you have a contract with a supplier of services you can expect that
The supplier has the necessary skill to provide the service
The service will be provided with proper care and diligence
The materials used will be sound and that goods supplied ..sales of goods and services Act 1980

chrysagon

f you have a problem with an item that you have bought it is always the seller who should put things right. As a general rule, the seller can either repair or replace the item. Alternatively, they can refund the costs of the item or service to the consumer.

If you are not satisfied with the quality of goods or services you can:

Return the goods to the supplier who sold it to you (you should not return the goods to the manufacturer)
Act as soon as you can – a delay can indicate that you have accepted faulty goods or services
Do not attempt to repair the item yourself or give it to anyone else to repair it
Make sure that you have a proof of purchase (a receipt, cheque stub, credit card statement or invoice)

You have no grounds for redress if

You were told about the defect before you bought the item (for example, if the goods were marked 'shopsoiled')
You examined the item before you bought it and should have seen the defect
You bought the item knowing that it wasn’t fit for what you wanted it to do
You broke or damaged the product
You made a mistake when buying the item (for example, if you bought an item of clothing thinking it was black when it is actually navy)
You change your mind

Retailers are not obliged to give refunds or credit notes under the above circumstances even if you show proof of purchase.

It is important to note that there are no hard and fast rules as to which remedy you should be entitled to. When seeking redress for problems with goods or services the circumstances of each individual case must be taken into account.

Further information on your rights when goods are faulty is available on consumerhelp.ie.

If you are not satisfied with the seller's response you may be able to take a claim to the Small Claims Court.

If you made your purchase using your debit or credit card you may be able to get your bank or credit card company to reverse the transaction. This is called a chargeback. You should contact your card provider as soon as possible. Give them details of the transaction you are disputing and request that they follow it up. Most card schemes offer full chargeback rights to consumers, but with some debit cards schemes you cannot use the chargeback facility if you did not receive the goods. Further information on chargeback is available on the Competition and Consumer Protection Commission's website.
Competition and Consumer Protection Commission

The Competition and Consumer Protection Commission (CCPC) is the statutory office with responsibility for providing advice and information to consumers on their rights. In addition, the CCPC is responsible for the enforcement of a wide range of consumer protection laws. The CCPC does not intervene or become involved in individual issues or disputes between consumers and sellers of goods or services providers. The CCPC can, however, advise you if you have a particular consumer problem.
Paying deposits

A deposit is a payment made to a supplier of a product or a service by a consumer which indicates an intention to buy a product or a service. The amount of the deposit and the timing of payment of the balance are a matter between the consumer and the supplier. When you pay a deposit for goods a contract is created between you as a consumer, and the supplier of the product or service. You should be clear at the time of paying a deposit what your obligations are (e.g. when you need to pay the balance, how much each payment is etc). You should also be clear about the duties of the supplier (e.g. when the product will be available).

It is always easier to know what your rights and responsibilities are if you have details of the contract in writing, however, a verbal contract is also enforceable. If the supplier does not adhere to the terms of the contract (e.g. delivery of a product takes significantly longer than stated) you may have a right to ask for your deposit to be returned. If you pay a deposit to a supplier who, in return, holds an article for you and you change your mind about paying the balance the supplier may not in all these circumstances be obliged to return your deposit.
If the seller goes out of business before goods are delivered

If you buy goods (or pay a deposit on them) and the seller goes out of business before they are delivered, you may have considerable difficulty in getting either the goods or your money back. Usually the seller in these circumstances owes money to a number of people so your claim is just one of many. There are rules for the priority to be given to the various debts in the case of the business going into liquidation or receivership. Generally, the individual customer is low in the order of priority. If you paid for the goods by credit card, it is worthwhile to contact the credit card company who may not have actually paid or may be able to cancel the payment – you do not have a right to have this done but the credit card company may be able to do it for you. Information on how to protect yourself from sellers who may go out of business and on your rights if a business is liquidated is available on the Competition and Consumer Protection Commission's website.
Information on Goods, Services and Prices

Consumers are entitled to information which protects them from false claims about goods, services and prices under the Consumer Protection Act 2007. Under the act it is an offence for any retailer or professional to make a false or misleading claim about goods, services and prices. It is also an offence to sell goods which bear a false or misleading description.

Claims about the weight, ingredients and performance of goods must be stated truthfully. Also claims made about how items operate and where they were made must be true.

Claims about the time, place or manner in which a service is provided and claims about the effect of a service and the service providers must also be true.

This act also covers claims about prices. Actual prices, previous prices and recommended prices of goods and services must be stated truthfully. Where a price is stated it should be clear what particular item it relates to. It should be the total price and there should be no hidden extras. If a retailer makes a mistake the buyer does not have the right to demand that the goods be sold to them at the marked price.
Further information

Competition and Consumer Protection Commission

PO Box 12585
Dublin 1
Ireland

Opening Hours:- Lines open Monday - Friday 9am - 6pm
Tel:(01) 402 5500
Locall:1890 432 432
Fax:(01) 402 5501
Homepage: http://www.consumerhelp.ie/
Page updated: 10 January 2014
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Related Documents

Deposits
A deposit is a sum of money paid to a retailer or supplier of services to indicate an intention to buy a product or service. Find out what the rules are with regard to deposits.
Unfair Terms in Consumer Contracts
An unfair term in a standard consumer contract is a term that is significantly weighted against the consumer. See what protection there is for consumers from unfair terms in contracts.

jimf

jakko86 wrote: »

Hi I had a stove fitted recently by a trained fitter sent out from the shop I bought it from. He made a couple of mistakes with fitting the stove and now I'm find in the stove is leaking smoke into the room. Is there anything I can do about the shoddy fitting as the shop don't seem to be bothered?

don't want to scaremonger you now either but if you have smoke there is also a possibility of carbon monoxide which you not aware do you have a co alarm

I would not use this appliance until everything is as it should be

your contract is with the shop its up to them to sort it their fitter their problem

b318isp

jimf wrote: »

don't want to scaremonger you now either but if you have smoke there is also a possibility of carbon monoxide which you not aware do you have a co alarm

I would not use this appliance until everything is as it should be

your contract is with the shop its up to them to sort it their fitter their problem

This. Every year a number of people die from Carbon Monoxide poisoning. The Health and Safety Authority may well be very interested in this.

jimf

jakko86 wrote: »

Hi I had a stove fitted recently by a trained fitter sent out from the shop I bought it from. He made a couple of mistakes with fitting the stove and now I'm find in the stove is leaking smoke into the room. Is there anything I can do about the shoddy fitting as the shop don't seem to be bothered?

you could also offer them plenty free advertising on the joe duffy show

therealmccoy

jakko86 wrote: »

Hi I had a stove fitted recently by a trained fitter sent out from the shop I bought it from. He made a couple of mistakes with fitting the stove and now I'm find in the stove is leaking smoke into the room. Is there anything I can do about the shoddy fitting as the shop don't seem to be bothered?

Sounds like the stove was fitted by somebody who is not directly employed by the stove shop.

If the product is faulty then the responsibility lies with the shop it was purchased in.
However, it is very possible that the stove is working perfectly fine, and that it is the fitting of the stove which is at fault here. If that is the case (and the fitter is not associated with the company) then it is the responsibility of the installer to fix this issue.

Did you pay for the fitting of the stove to the shop or was that a private exchange between you and the fitter?

This is a very good example why people should go for a full Stove Buying/Installation from the one company.

jakko86

therealmccoy wrote: »

Sounds like the stove was fitted by somebody who is not directly employed by the stove shop.

If the product is faulty then the responsibility lies with the shop it was purchased in.
However, it is very possible that the stove is working perfectly fine, and that it is the fitting of the stove which is at fault here. If that is the case (and the fitter is not associated with the company) then it is the responsibility of the installer to fix this issue.

Did you pay for the fitting of the stove to the shop or was that a private exchange between you and the fitter?

This is a very good example why people should go for a full Stove Buying/Installation from the one company.

Stove and fitting was all done with company in Galway and I did notice I received a seperate invoice hence the company trying everything in there power to send same fitter again but I'm not happy with his quality of work then there more or less saying they are offering to fix it but in not happy with fitter.

jakko86

So here's a pic of my chimney directly off my stove is this my problem??

Markcheese

Isn't there some piece of legislation about fitting carbon monoxide alarms if you fit a stove ? Dunno who's responsibility it'd be though - (the fitters or the home owner)

jakko86

Markcheese wrote: »

Isn't there some piece of legislation about fitting carbon monoxide alarms if you fit a stove ? Dunno who's responsibility it'd be though - (the fitters or the home owner)

Ya came in in September so an earlier post said. I don't know if this can be fixed internally with fire cement or would the joint have to be ripped open and sealed again which would be a lot of work.

jakko86

Would this joint need to be ripped open and re sealed or can it be fixed properly from the inside?