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Implied warranty

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  • Implied warranty

    I employed a contractor to apply a damp sealant to the outside of a bedroom wall. There is no written guarantee. It is claimed the product will be effective for at least ten years. The manufacturer is a national firm with a very good reputation.
    If it doesn't work do I have a claim against contractors or product manufacturer ? Or without written evidence, a silly mistake, have I nothing to support me ?
    It hasn't gone wrong, but would like to know more if.....
    Tags: None

  • #2
    It would be against the contractor, who then could make a claim against the manufacturer, if it's a fault with the product.

    How did you pay?

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    • #3
      Thanks for prompt and helpful response. Paid by cheque, old fashioned I know.
      Is there any rule of thumb guide for a reasonable length of time for it to work please ? Everything has been done verbally regarding work, obviously specified area and treatment. Advised by a chartered surveyor not PCA.

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      • #4
        Originally posted by Scot22 View Post
        Thanks for prompt and helpful response. Paid by cheque, old fashioned I know.
        Is there any rule of thumb guide for a reasonable length of time for it to work please ? Everything has been done verbally regarding work, obviously specified area and treatment. Advised by a chartered surveyor not PCA.
        Out of my area of expertise, but email the manufacturer, they have a technical department, who will know the product inside out. A lot of these manufacturers offer warranties providing the product is used by an authorized trades person.

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        • #5
          You have rights under the Consumer Rights Act 2015. I would need to check to give further details.

          This type of work is difficult from this point of view, as if it has failed or been carried out defectively it may be some considerable time before this becomes apparent. A written warranty would have been useful.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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          • #6
            Thanks both. Like the Four Tops I have reached out to manufacture. Unfortunately the reply was that because of variety of structures etc they could not provide guarantee. Although they knew it would last for ten years or more.
            I hoped there might be some implied promise for what you would get in damp proofing for over ten thousand pounds. I am simple

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            • #7
              Chase the contractor. Take pictures, you have an email that says it should last for 10 years.

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              • #8
                Will do.

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