On Wed, 14 Feb 2018 09:26:50 +0000, Robert Hill
wrote:

In May 2014 I had a totally new bathroom refit - bought from and totally
fitted by B&Q.
A ladder radiator has started going rusty under the rungs - quite bad in
places. I don't know why - there has been no sign of radiator leaking: the
central heating system has not visibly been losing water or pressure.
I have contacted B&Q and they have told me I need to contact the manufacturer
of the radiator to see what they propose. On the B&Q web site it says the
radiator is guaranteed for 5 years.
On the t&c of my contract with B&Q - it says "These conditions do not affect
your statutory rights."

Suggestions on how to proceed please,

I assume the warranty of 5 years was issued by the radiator
manufacturer not the supplier? If so you have legal rights against
both the seller and the manufacturers guarantee. The Sale and Supply
of Goods to Consumer Regulations 2002 applies to guarantees and makes
them enforceable contracts

It is usually worth trying the guarantee route first. The
manufacturer may often produce a better and quicker solution than
going via the supplier. Trying the manufacturer first does not affect
any action you might want to take against the seller later.

Your purchase was in 2014 so is covered by the Sale of Goods Act (not
the later Consumer Rights Act 2015). The item is 4 years old. It is
your responsibility to prove that the failure was a result of a defect
present in the item at the time of sale. To do this you may need to
have the rail examined by an expert and a report produced identifying
the cause of the failure. You have to pay for this although the cost
can be recovered if the case ends up in court and you win.

One advantage of going to the manufacturer initially is that they are
likely to be more aware of failure modes than the seller and usually
have no problem replacing items which have failed prematurely. Sending
them an explanation of the problem with some photos of the damage
may well produce a replacement. Equally if they identify the problem
as poor maintenance you have the choice of going ahead with an expert
report of your own (which may well say the same but cost you money)
or accepting their assessment.

The most likely cause of corrosion under the rungs will be a
combination of condensation on the radiator in the bathroom and
inadequate cleaning. If the radiator has no electrical auxiliary
heater and the central heating is off the radiator will often be
colder than the air in the bathroom, especially if the bathroom
ventilation is poor. Water vapour condenses on the radiator surface
and gathers on the bottom of the rungs where it is slow to evaporate.
Mould grows on the damp surface. If the radiator is painted or powder
coated this is more likely than if it is chromium plated. The mould
attacks the surface finish until it reaches the steel underneath and
causes rust. Most towel radiator instructions recommend regular
wiping with a dry cloth to minimise mould growth.