In November 2007 we installed two Kohler Daryl showers and took out lifetime guarantees for each one. As we have a problem with one of the showers, I asked Kohler to investigate under this guarantee. However, Kohler claims the lifetime guarantee is no longer valid because of a company acquisition that took place two-and-a-half years before our guarantees were issued. CF, Ipswich
This is a breathtakingly brazen attempt to back out of a legal commitment.
Lifetime guarantees can be ambiguous. They might mean the expected lifetime of the product, the trading lifetime of the manufacturer or they might guarantee to see the customer into their grave. The terms and conditions should make it clear which of these applies.
The cover letter for your policy promises you a “lifetime of satisfaction” and the small print includes no caveats. Kohler Mira bought Daryl Industries in 2005 and your guarantee is branded Kohler Daryl. When you pointed out that it was issued two years after the takeover, Kohler merely repeated in writing that it was now invalid.
It changed its tune when The Observer got in touch. It now claims it was merely trying to explain that the product had become obsolete and apologises for being “unclear”.
What its emails meant to convey was that since spare parts are no longer available, it will replace the shower with a similar product of the same value. And because of the stress caused by this lack of clarity, it will install it for free.
If you need help email Anna Tims at your.problems@observer.co.uk or write to Your Problems, The Observer, Kings Place, 90 York Way, London N1 9GU. Include an address and phone number.
