Advice on my rights? Consumer protection

Advice on my rights? Consumer protection

Author
Discussion

audi321

Original Poster:

5,183 posts

213 months

Wednesday 30th July 2014
quotequote all
Hi all. Does anyone know where I stand, but I bought an expensive pond pump 9 months ago and the thing has broken already. I've took it apart and established the impeller has broken. I could buy another impeller for about £40, but I thought I'd try a warranty claim.

I've emailed the customer care who have replied saying that the impeller is a consumable item and therefore not covered.

My understanding is that the whole thing must be fit for purpose, and looking at some forums, these impellers are always breaking, making me think that there's a design fault? Doubt I could prove that though. So have I had it, or should I persist with their customer care emails?

Thanks in advance for any advice.

TooMany2cvs

29,008 posts

126 months

Wednesday 30th July 2014
quotequote all
First off, unless it's designed to be user-servicable (which implies there's consumables inside, which would support their claim), you waved goodbye to any warranty when you took it apart.

If the impeller breaks frequently, that implies some kind of foreign object damage - is there a filter on the inlet? Should there be? Might it be wise to have one?

audi321

Original Poster:

5,183 posts

213 months

Wednesday 30th July 2014
quotequote all
TooMany2cvs said:
First off, unless it's designed to be user-servicable (which implies there's consumables inside, which would support their claim), you waved goodbye to any warranty when you took it apart.

If the impeller breaks frequently, that implies some kind of foreign object damage - is there a filter on the inlet? Should there be? Might it be wise to have one?
It screws apart to get to the impeller so I haven't broken any seals or anything (I'm talking screws with your hand, not a screwdriver). There is a filter on the inlet.

TooMany2cvs

29,008 posts

126 months

Wednesday 30th July 2014
quotequote all
audi321 said:
It screws apart to get to the impeller so I haven't broken any seals or anything (I'm talking screws with your hand, not a screwdriver).
That certainly supports the "consumable" theory.

SLCZ3

1,207 posts

205 months

Thursday 31st July 2014
quotequote all
Is there an owners manual with it? is there any indication on paper that the impeller is a consumable?.
Any written indicating/stating the filter or impeller have to be changed/replaced/serviced on a regular basis.

audi321

Original Poster:

5,183 posts

213 months

Thursday 31st July 2014
quotequote all
No, there would be no reason to service any part of the pump really.

SLCZ3

1,207 posts

205 months

Thursday 31st July 2014
quotequote all
In that case how is it they say it is a consumable?

Snowboy

8,028 posts

151 months

Thursday 31st July 2014
quotequote all
I'd suggest you try the shop first and look for some goodwill from them.

You might have some legal recourse from the manufacturers but if they don't want to play nice you'll need to go to court to enforce it.

You could try and return the entire pump to the store saying it's not fit for purpose. Many stores have a 6 months return policy.
If the impeller is a consumable you'd expect shops to stock them and for the pump to perhaps come with a spare and instructions on changing it.

Pump impellers do break.
But 4 months is a very short time.
My pond pumps been running for years without a problem - except for the occasional blockage.

The problem you might have is whether you've allowed objects to damage the impeller yourself due to a poor filter.
I used to have problems with my old pump until I bough a 'dirty water' pump which is designed to work without a fine filter.

AngryPartsBloke

1,436 posts

151 months

Thursday 31st July 2014
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audi321 said:
No, there would be no reason to service any part of the pump really.
Imepllers in every water pump i've ever seen are servicable items that wear down. Something pumping dirty pond water would be reason enough to have to service parts of the pump.

audi321

Original Poster:

5,183 posts

213 months

Thursday 31st July 2014
quotequote all
Fair enough then, I'll buy a new impeller, thought I would ask on here first.

Garden centre I bought it from has closed down, so no recourse there.

Thanks all.

Red Devil

13,060 posts

208 months

Thursday 31st July 2014
quotequote all
Serviceable item is not an automatic get-out clause. A clutch/brake pads on a car fall into that category If either went belly-up in 4 months (assuming normal wear and tear, not abuse) refusing to repair or replace could be challenged. Why should a pond pump be any different?

The above assumes the product is new, not s/h. If it had broken within 6 months of purchase the onus would have fallen on the seller.
http://whatconsumer.co.uk/how-long-should-it-last/...

Mill Wheel

6,149 posts

196 months

Thursday 31st July 2014
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The question I would be asking is this:
Is the impeller so poorly constructed that it has broken already, and is such a replacement item worth £40?

It sounds unlikely to me - a £40 impeller SHOULD last more than 4 months...£120 a year is an expensive water feature!