In May 2014 I had a totally new bathroom refit - bought from and totally fitted by B&Q. A ladder radiator has started going rusty under the rungs - quite bad in places. I don't know why - there has been no sign of radiator leaking: the central heating system has not visibly been losing water or pressure. I have contacted B&Q and they have told me I need to contact the manufacturer of the radiator to see what they propose. On the B&Q web site it says the radiator is guaranteed for 5 years. On the t&c of my contract with B&Q - it says "These conditions do not affect your statutory rights."
I assume the warranty of 5 years was issued by the radiator manufacturer not the supplier? If so you have legal rights against both the seller and the manufacturers guarantee. The Sale and Supply of Goods to Consumer Regulations 2002 applies to guarantees and makes them enforceable contracts
It is usually worth trying the guarantee route first. The manufacturer may often produce a better and quicker solution than going via the supplier. Trying the manufacturer first does not affect any action you might want to take against the seller later.
Your purchase was in 2014 so is covered by the Sale of Goods Act (not the later Consumer Rights Act 2015). The item is 4 years old. It is your responsibility to prove that the failure was a result of a defect present in the item at the time of sale. To do this you may need to have the rail examined by an expert and a report produced identifying the cause of the failure. You have to pay for this although the cost can be recovered if the case ends up in court and you win.
One advantage of going to the manufacturer initially is that they are likely to be more aware of failure modes than the seller and usually have no problem replacing items which have failed prematurely. Sending them an explanation of the problem with some photos of the damage may well produce a replacement. Equally if they identify the problem as poor maintenance you have the choice of going ahead with an expert report of your own (which may well say the same but cost you money) or accepting their assessment.
The most likely cause of corrosion under the rungs will be a combination of condensation on the radiator in the bathroom and inadequate cleaning. If the radiator has no electrical auxiliary heater and the central heating is off the radiator will often be colder than the air in the bathroom, especially if the bathroom ventilation is poor. Water vapour condenses on the radiator surface and gathers on the bottom of the rungs where it is slow to evaporate. Mould grows on the damp surface. If the radiator is painted or powder coated this is more likely than if it is chromium plated. The mould attacks the surface finish until it reaches the steel underneath and causes rust. Most towel radiator instructions recommend regular wiping with a dry cloth to minimise mould growth.
Probably just condensation when the heat is off and someone has a bath or shower.
Is the chrome flaking off or just a bit porous? I'd give it a wipe over with some very fine wire wool and a squirt of sewing machine oil or baby oil, and see how it looked.
Of course it is, that doesn't mean to say it is supposed to do it without any routine cleaning for 4 years. Most towel rails come with a very brief set of maintenance instructions suggesting they are wiped dry at intervals.
B&Q may not have offered any warranty, most often it is the manufacturer or distributor who does. Any warranty, no matter who offers it, forms a binding contract in a consumer sale.
Who are their underwriters for this scheme? Also, I guess that they should contact the company and both agree who to send to view the problem and suggest a solution to you. Brian
Towels should be dried where there is sufficient ventilation (something the OP hasn't mentioned) or in a tumble dryer, not chucked on a very inefficient 'radiator'.
Did the OP make the mistake of replacing the original rad with a towel 'radiator' ?. If so the bathroom isn't getting hot enough to allow moisture to be driven off and removed by ventilation.
B&Q "designed" the new bathroom and all accessories in it: so I am not aware that *I* made any mistake (apart from buying from B&Q in the first place)
As far as I am concerned - the "design", checks that all items were suitable and provision of all items and the installation was the responsibility of B&Q. There were no special instructions on how to look after the radiator.
I have looked at the manufacturers website and I cannot see any telephone, address or email address. All contact seems to be carried out by filling in forms. They say that they are a wholesale manufacturer.
(As an aside: do web-sites have to have contact details? People should not have to complete a form)
I am not going to deal with them directly: as far as I am concerned it is a B&Q problem.
I have decided that the next step is a letter before action to B&Q HQ.
You are supposed to use this after you have written to the supplier setting out your complaint and after allowing them time to resolve the disagreement, not as a first resort.
"Going to court is the last resort. The court will expect you to find another way of reaching an agreement before taking your claim to court. Otherwise, the court might decide that you will not get your costs back or that you should pay the other party?s costs, even if you win the case."
I have written to B&Q with a letter entitled Letter before Action.
In that letter I have documented what has happened - and given them a certain time to tell me how they wish to resolve the matter. If I have had not had a satisfactory explanation of their plan before a certain date (ie a plan - not the completed replacement) , I have said that I will commence a court action
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