I have an ISE appliance which was purchased from them directly last year. The machine comes with a 10 year warranty and suffice to say it is a very expensive machine at £900.
Within half a year of owning it I had to call out an engineer to fix a fault. Again, 2 months after that, the same fault plus another warranted a further call out.
In March I made a call out for an intermittent, but serious problem.
As luck would have it the engineer couldn't simulate the problem. I did, however take a video of the problem after his visit.
Now I have received an invoice from ISE for the callout with a letter saying that since no fault was found,
it is not covered by the warranty and I am liable to pay it.
The letter continued to say that until the invoice is settled in full, no further repairs shall be entertained under the warranty.
I have a little experience with consumer rights, and to me this does not smell right.
Firstly, just because the engineer couldn't find the fault at the time, it doesn't mean there isn't a problem.
When I called in the fault I made it clear that it was intermittent.
Also, if the machine has needed 3 call outs within it's first year,
this seems to indicate something more serious, especially one of this caliber.
Secondly, the fact that there is an invoice to pay should have no effect to the warranty.
The warranty is a binding agreement or contract with its Terms and Conditions clearly laid out on the back of it.
There is nothing within those T&C's that indicate anything about unpaid invoices.
I have put this in an email and a letter to ISE, stating that should they not cancel the invoice and sort the machine out,
I will seek legal action with regards to the warranty and attempt to claim under goods not fit for purpose under SOGA.
Can anyone comment as to whether I am incorrect with any of the above?