Q: Eight years ago I bought a solar water heater from a local seller. The product in question was serviced and taken care of as instructed by the seller. A year ago I had to change the tank because it was leaking. The cost of the tank was €500. Lately this ‘new’ tank started leaking too. I therefore contacted the seller to have the tank checked. The technician sent to my house confirmed that the tank had to be changed again. The new tank did not carry any guarantee so now I have to pay another €500 to buy another tank. I feel that this is unfair. Do I have any rights?

A: Even though the seller did not give you a commercial guarantee when you purchased the new tank, your purchase is still covered by the two year legal protection provided by the Consumer Affairs Act. This means that legally you may be entitled to a free of charge replacement if the tank you paid for had a hidden defect or did not show the quality and performance one reasonably expects of goods of the same type.

You should therefore write to the seller and ask for a free replacement. This letter needs to be sent to the seller by registered post. If the seller does not provide you with a satisfactory reply and does not offer you an acceptable solution, you may then lodge a complaint with the Office for Consumer Affairs.

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