Q: In September 2007, I bought a solar heater. This functioned properly at the time, but last week when I tried to switch it on, the water remained cold. I called the company I bought it from and the person I spoke to proposed to send a technician.
When the technician called to inspect the heater, he said they had brought a new heater and were going to change it at a charge of €35. I protested about this, as my heater was still under guarantee. I therefore asked that the heater be installed free of charge. However, I was told this particular part was only guaranteed for six months, therefore I had to pay €35, otherwise it would not be changed.
I then pointed out that I had a two-year legal guarantee and it should therefore be installed free of charge. However, the company continued to insist that I pay €35. I had no option but to pay under protest, declaring that I was only paying for this service to get my heater functioning. In no way was I accepting the company's claim of a six-month guarantee.
Moreover, I would also like to point out that the old part was never returned to me, as is normally done when maintenance is carried out.
Furthermore, I am very disappointed at the service rendered at the time of installation of the solar heater, as I was never told by the company's engineers that the flow pump to be installed with the solar heater had to be a dual impeller, as a single one would create an imbalance in the mixture of water in the shower. This resulted in having to put aside the single impeller pump, which cost me about €200.
Can you let me know what kind of compensation I am entitled to?
A: According to the Consumer Affairs Act, consumers are entitled to a free remedy if the goods bought are not in conformity with the descriptions and specifications in the contract of sale.
Moreover, goods bought should also be fit for the purpose which they are bought for. A defect, unless caused by the consumer or the result of normal wear and tear, is proof that goods bought are not in conformity. Hence, a free remedy can be requested by the consumer.
In case of non-conformity, the consumer is entitled to the repair or replacement of the product free of charge. If either of these remedies are not possible, a refund of part of the price or revocation of the contract can be requested. The time limit within which consumers can ask for compensation is two years from delivery, regardless of the conditions of the commercial guarantee. The law is above any commercial guarantee given by the trader.
Hence, in this case, the consumer can request the company to refund the €35 and, if this request is not met, the consumer should contact the Consumer and Competition Division for mediation and amicable settlement.
With regards to the lack of information about the kind of pump needed with the solar heater, the consumer should have complained about this at the time of purchase and could have either cancelled the contract of sale or requested a compensation for the financial loss suffered.
Ms Vella is senior information officer, Consumer and Competition Division.