I had two en suite showers installed by Kohler Daryl in 2009 with a “lifetime guarantee” for each one. The metal fixings for the sliding door on one of the units have corroded and broken. When I asked for a repair, I was told Daryl products ceased to be covered under the “lifetime guarantee” when the company was taken over by Kohler in 2005. My guarantees were issued four years after this, but they are insisting I must pay for the new parts. PB, Morpeth, Northumberland
You are the ninth customer to have contacted me in 18 months with this issue. In each case the company has remained adamant over the phone and in writing that the guarantees expired after Kohler’s takeover of Daryl, even though they were issued years afterwards under the Kohler Daryl brand. Only when I investigated two of the complaints did it back down and claim a misunderstanding.
When I raised your experience it once again declared a mistake. “Unfortunately, the customer was incorrectly advised,” it said. “I’m sorry that it has taken flagging it to you for us to look into this, but his claim will now be looked after in the appropriate way.”
You were then promised a free repair. There’s no response when I point out that this was not a one-off.
Kohler now only offers guarantees of up to 25 years on its bathroom products and, disgracefully, it appears to make a habit of fobbing off those with the old lifetime cover with the same nonsensical excuse.
“Lifetime guarantees” are a slippery concept which could mean the lifetime of the customer, the product or the manufacturer. The terms and conditions should make the distinction clear, but yours do not.
Thomas Pertaia, legal adviser at DAS Law, reckons that the term itself could compromise consumer rights. “As there is no definition of ‘lifetime guarantee’ it is a fair argument that the use of the wording without further qualification or clarification is indeed ambiguous and could be breaching the Consumer Rights Act as well as the CAP Code (UK Code of Non-broadcast Advertising and Direct & Promotional Marketing).”
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