Right to additional warranty?


Questioner

in 2020 had air conditioning installed: 1 bedroom, 1 in conservatory downstairs and unit on flat roof of conservatory. There is a fault that I reported to the installer on December 27, 2023 and that has not yet been resolved. The intermediary for installer and supplier want to know everything, but do not come up with a solution. It is also not certain yet what exactly is broken: a printed circuit board? Compressor? I wonder who will have to pay for the repair costs; the supplier's website states that it is of very good quality, there is a lifespan of 10 to 15 years and the installer calls the supplier the Rolls Royce of air conditioners. What can I expect from the right to another part of the warranty with this short lifespan of one of the parts? The air conditioning did not need a service according to the installer, only the dust filter had to be cleaned annually and my partner did that carefully. In addition, we switched to solar panels two years ago and heated our house mostly with air conditioning, so now we also have a big outlay for the gas supplier to keep it warm. What should I do to get a quick repair and a reasonable quote?

Lawyer

It is understandable that you have questions about your rights regarding the warranty of your air conditioner. In the Netherlands, when you buy a product as a consumer, you may expect that this product is sound. The expected lifespan of the product, in this case 10 to 15 years, plays a role in this. If a product shows a defect within its expected lifespan, it may be a non-conforming product - that is, a product that does not perform as the consumer may reasonably expect. The seller is then generally obliged to solve the problem, unless he can demonstrate that the defect was caused by incorrect use. Because you purchased the product in 2020 and the property has a defect in 2023, you can probably claim the principle of conformity, provided you can prove that you used the product with due care. Regarding the repair, I advise you to contact the seller (the installer, in your case) in writing and set a reasonable period for repair. Explain that you will have to incur additional costs due to the defect (gas for heating) and insist on a solution. If the seller does not respond within the set period or does nothing about the problem, you can possibly (partially) terminate the agreement or involve another party to solve the problem and recover the costs from the seller. I recommend that you take these steps under the guidance of a lawyer or attorney to ensure that you are taking the right steps and that your rights are protected. It can be complicated to go through the legal process yourself. Are you a member of a consumer organization such as the Consumers' Association? They may also be able to assist you. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

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