Q: Eighteen months ago, I bought a heat pump from a local seller. The pump recently stopped working and the company’s technician came to my house to see what the problem was. Upon checking it, he informed me that since I have a water pump, I would need to set up a timer for the heat pump to work properly. A few days later, I received a bill for the technician’s visit. I called the company to check what the bill was about and was informed that since the heat pump was not defective I needed to pay for the technician’s visit.

When I reported the problem with the heat pump, no one informed me that I may have to pay for the technician’s visit. Furthermore, even though the heat pump was not technically faulty, it still wasn’t working properly and so I needed the technician’s advice on the matter.

Am I legally obliged to pay for the technician’s visit?

A: Since the heat pump was still under warranty when it stopped working, upon reporting the fault, the company’s representative should have clearly informed you that if the pump’s fault does not turn out to be a latent defect, then you would have to pay for his visit. In this case you should also have been informed about the applicable fee.

Furthermore, if, when you purchased the heat pump, you were not informed that if you have a water pump you needed to install a timer with the heat pump, then you may argue that the pump is not working well because the seller did not provide you with this important information at the time of sale. Hence, in this case the liability of the heat pump not working well is still on the seller.

You should therefore inform the seller that as per your rights under the Consumer Affairs Act, since the pump was not working well you were legally entitled to a free remedy. If the seller insists you should pay the technician’s fee, you may then lodge a complaint with the Office for Consumer Affairs.