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Customer supplied plumbing productsMarch 29, 2016
Over the last few weeks there has been considerable media attention regarding plumbing and drainage products that potentially may not meet the building code.
Why is this important to YOU, the consumer?
After viewing the above video you may understand why plumbers in New Zealand may be changing their policy around warranty or even refusing to install products supplied by the consumer.
Cheap! Cheap! Cheap! Will always come with a high price tag in the end. Products that don’t comply with standards such as Watermark in AU that cause damage to property or health may not be covered by your current insurance policy.
It is currently estimated that over 50% of new Kiwi homes have defective or non compliant products installed.
We hope that New Zealand will soon follow the Australian example and introduce laws that will regulate these products and educate the consumer about what they should and should not buy.
If the plumber knows or suspects that the customer-supplied product is, or appears, defective or faulty, or doesn’t comply with the Building Code, they may refuse to use it and explain the reasons . In this situation, if the plumber continues to use the product, they would likely be found not to have performed with reasonable care and skill, and could be held in breach of the service guarantees in the CGA and the warranties under the Building Act.
If the consumer insists on installation of these supplied products the plumber may ask the customer to sign an acknowledgement which will include:
- Giving you the option of either purchasing the products from us or of purchasing one of the brands recommended by us from a recommended retailer.
- Have explained to you the risks of using products that are neither supplied by us nor one of the brands recommended by us, which should also be purchased from a recommended retailer.
- You have nevertheless decided to purchase the products yourself and wish us to use those products in providing our plumbing services.
- While we are not aware that the products you wish us to use do not comply with the Building Act 2004, we cannot reasonably be satisfied that they comply with the Building Act 2004.
- Our services do not include the provision of the products and you are not relying on our skill and judgment in the selection of the products supplied by you, which are to be used in the plumbing services.
- In addition to the above and to the extent permitted by law, you will not hold us liable for any failures, costs or losses arising from the products you supply. (For the avoidance of doubt, this exclusion of liability does not apply to the guarantees under the Consumer Guarantees Act 1993 (except to the extent you act in trade) or any warranties that apply under the Building Act 2004).
These acknowledgments override any other provision of our contract(s) with you for the provision of the plumbing services.
Both plumbers and consumers should work together in eliminating the use of faulty and non-compliant products products. For more information please dont hesitate to contact us.