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Window repair - Misprepresentation

3 replies

Ivanbondar · 27/04/2024 10:03

Hi all,

I had window repairs done by the manufacturer on a window they installed 8 years ago for the previous owner of the home. The warranty does not apply to me since I did not purchase them. (Unfortunately I only realised this afterwards on close inspection of the warranty. The warranty does last for 10 years but is for the purchaser.)

However, I was wondering what others thought about the document that they sent to us before the repair. Personally I believe it was poorly written with the use of different size fonts, grammar, colours, placement of statement in separate boxes which are not clearly linked, wording and misleading statements. I think this is misrepresentation by negligence and carelessness.

(OR THEY WERE VERY CAREFUL) because although I admit I am at fault for not reading the warranty properly but just wondered what people thought, after all, I am sure corporations hire lawyers to construct these thing in order to deceive and save them money (call me cynical!)

Thanks all

Window repair - Misprepresentation
OP posts:
Anameisaname · 27/04/2024 10:05

To be honest this is something your solicitor should have picked up during the conveyancing process and highlighted the warranty did not apply to you (and then a novation could have been sought or an insurance to cover).
If there's a Fensa certificate covering the windows you may have some recourse via them

prh47bridge · 27/04/2024 15:57

It says in red near the top of the document that the windows are out of warranty and the charges are listed below. I don't think you will get anywhere by arguing this is misrepresentation. Sorry.

Ivanbondar · 27/04/2024 16:56

prh47bridge · 27/04/2024 15:57

It says in red near the top of the document that the windows are out of warranty and the charges are listed below. I don't think you will get anywhere by arguing this is misrepresentation. Sorry.

Thanks for your advice.

It does not specify what or whose windows are out of warranty. It also says that charges are listed below but it only references chargeable for full reseal below. It does reference charges for problems caused by the installation or negligence but they are in a seperate box below the words "there will be no charge for warranty issues" which is also in bigger font. It also says, "should it be chargeable" implying their is uncertainty regarding whether the service will incur charges.

It looks like this is a proforma template sent out to people regardless of their warranty status which makes the letter unclear. What is the point in them even mentioning that there is no charge for warranty issues if it is not in warranty?

Separating related information into different boxes, especially when those boxes are visually distinct can contribute to confusion and misinterpretation. This kind of design can lead customers to misunderstand the relationship between different pieces of information, potentially resulting in false expectations. It is essential to ensure related information is logically grouped together and sequentially written and presented in a coherent manner. Matters such as this should have clear and consistent formating. The company made no effort to make me aware it was not in warranty, for all they know the original purchaser was a family member who still lives with us, however they were too ill to make the claim.

Corporations hire lawyers to confused Joe Public....

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