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Developer Issue

  • 16-10-2018 10:52am
    #1
    Registered Users, Registered Users 2 Posts: 3


    I bought a new house in April this year with my partner.

    We are nearly in the house 6 months and have had 2 issues with my boiler. The first issue is that the boiler leaked on evening and they came and fixed it. The second time they came out, They said the clock was faulty and replaced it. It has been working fine since.

    My first issue is that the second time they came out one of there workers slyly went into my sitting room while I was upstairs and took a picture of a radiator I changed in my home. I am absoluteness disgusted that they took a picture in my home without my knowledge and I feel this really needs to be addressed. They were carrying out work in the utility room and I had left the sitting room door closed.

    My second issue is that after this happened my contact with the developer rang me to tell me that one of the workers took a picture of a radiator in my house and because I changed a a radiator my warranty with them is now gone, She also had proof of this in a picture on her phone.

    I am just looking for some clarification as to whether this was just a scare tactic or if my warranty is really gone? The radiator was fitted by a fully qualified plumber. No one asked me had we made any changes in the house so I wasn’t being deceitful and don’t see why they felt the need to sneak into the sitting room and take a picture.


Comments

  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    There's not really any legal protection for a "warranty". You have statutory legal rights, and any warranty is a value-added service provided on top of it.

    In general a warranty will cover any installed service for a given period, provided that nobody else touches it.

    In this case, the developer will cover any works needed in the house for a given period provided that the developer is the only person to work on it.

    Specifically on the plumbing matter, if there is a plumbing issue in a couple of weeks, then the developer can say that's not their problem - it must have been the other plumber who broke it.

    Legally, the developer is still liable for any faults or issues which they caused, regardless. But you've created a grey area by having someone else make modifications - if the builder can blame them, then it's up to you to prove it's the builder's fault.


  • Registered Users, Registered Users 2 Posts: 3 Sekaov2511


    If that's the case and I have another Issue surely I can get an independent engineer out to see if the issue if from the radiator or if my boiler is actually just faulty?

    I am more concerned that they think it is right to come into my home and take pictures without my permission and then they me they are well within their rights.


  • Registered Users, Registered Users 2 Posts: 14,012 ✭✭✭✭Cuddlesworth


    Sekaov2511 wrote: »
    If that's the case and I have another Issue surely I can get an independent engineer out to see if the issue if from the radiator or if my boiler is actually just faulty?

    I am more concerned that they think it is right to come into my home and take pictures without my permission and then they me they are well within their rights.

    Thank you for notifying me of the warranty status of my new sitting room radiator. If I have any issues with it, I will be sure to contact the plumber who installed it.


  • Registered Users, Registered Users 2 Posts: 3,205 ✭✭✭cruizer101


    Its a bit of a funny one alright as you gave them access to your house, that access should be limited to where the work was being done especially given the other door was closed but legally I don't know where you would stand.

    Re the warranty sounds like bull**** to me, if I buy a new car and then change the wheels to new ones that doesn't mean I have no recourse if the head gasket goes.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    cruizer101 wrote: »
    Its a bit of a funny one alright as you gave them access to your house, that access should be limited to where the work was being done especially given the other door was closed but legally I don't know where you would stand.

    Re the warranty sounds like bull**** to me, if I buy a new car and then change the wheels to new ones that doesn't mean I have no recourse if the head gasket goes.
    The conditions of any warranty usually require that no modifications or repairs are carried out by anyone except the seller or their authorised agent.

    In the instance you mention, the dealership would be perfectly entitled to cancel your warranty, but they would still retain the legal liability for the problem, because that's covered by your statutory rights.


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  • Registered Users, Registered Users 2 Posts: 23,903 ✭✭✭✭ted1


    cruizer101 wrote: »
    Its a bit of a funny one alright as you gave them access to your house, that access should be limited to where the work was being done especially given the other door was closed but legally I don't know where you would stand.

    Re the warranty sounds like bull**** to me, if I buy a new car and then change the wheels to new ones that doesn't mean I have no recourse if the head gasket goes.

    The work is on the heating system. Radiators would form part of the heating system.

    A radiator is an integral part of the heating system and the system would of being drained to install it so it’s nit like changing a tyre.


  • Registered Users, Registered Users 2 Posts: 3,205 ✭✭✭cruizer101


    ted1 wrote: »
    the system would of being drained to install it so it’s nit like changing a tyre.

    It may have been but if the valves weren't being moved or changed I doubt it was.
    What about an oil change then in a car?

    I do see what is being said above re warranty vs statutory rights.


  • Moderators, Politics Moderators Posts: 41,242 Mod ✭✭✭✭Seth Brundle


    cruizer101 wrote: »
    It may have been but if the valves weren't being moved or changed I doubt it was.
    What about an oil change then in a car?
    Not quite the same.
    Assuming the OP removed a radiator (but left the old valves in situ) then they closed the valves and drained the rad.
    Once the new rad was installed then they system would have topped itself up with clean water and the dilution of corrosion inhibitor would be reduced.
    Also it is possible that the new rad was not balanced fully affecting the entire system.
    Would this have caused the issue encountered by the OP - I doubt it but it would have affected the whole system thereby possibly affecting the overall warranty.


  • Registered Users, Registered Users 2 Posts: 3,205 ✭✭✭cruizer101


    Not quite the same.
    Assuming the OP removed a radiator (but left the old valves in situ) then they closed the valves and drained the rad.
    Once the new rad was installed then they system would have topped itself up with clean water and the dilution of corrosion inhibitor would be reduced.
    Also it is possible that the new rad was not balanced fully affecting the entire system.
    Would this have caused the issue encountered by the OP - I doubt it but it would have affected the whole system thereby possibly affecting the overall warranty.

    But they are just what ifs, we have to assume it was done correctly. If the op can show the job was done by a qualified plumber there is no reason the warranty shouldn't stand.


  • Registered Users, Registered Users 2 Posts: 4,767 ✭✭✭GingerLily


    cruizer101 wrote: »
    But they are just what ifs, we have to assume it was done correctly. If the op can show the job was done by a qualified plumber there is no reason the warranty shouldn't stand.

    Is that how warranties work?


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  • Registered Users, Registered Users 2 Posts: 473 ✭✭utmbuilder


    the boiler may have a 5 year warranty from the manufactor ,10 years if it's a viesmann,


  • Registered Users, Registered Users 2 Posts: 3,205 ✭✭✭cruizer101


    GingerLily wrote: »
    Is that how warranties work?

    I don't know what the warranty is in this case.
    But if you buy a boiler it will have its own warranty, regardless of the if you add a radiator


  • Moderators, Politics Moderators Posts: 41,242 Mod ✭✭✭✭Seth Brundle


    In the OPs case the warranty offered by the developer probably isn't in writing and is therefore worth the paper it's not written on (the developer can choose what they want to do)!


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