Hwam Beethoven Hot

In January 2009 I purchased a Hwam Chopin Woodburner from York Heating in York, Yorkshire, England.

In early December 2010 the glass cracked. In early 2010 the baffle brick also cracked rendering the stove unfit for the purpose which is, amongst other things contrary to S14 of the Sales and Supply of Goods Act 1994. Enquiry with York Heating revealed that the replacement costs of these two items was almost £500.00 sterling including carriage. My investigations with York Heating revealed that HWAM were not prepared to remedy this. Prior to the purchase of the stove I was provided with a sales brochure in which an assertion was made that “all HWAM stoves are guaranteed for five years”. This was an express guarantee and no exclusions were featured.

Following a written complaint to HWAM I was referred to their UK distributor, Euroheat. An email was received from Euroheat in which an offer was made to supply the glass and baffle brick to York Heating at a discounted price of 20% which York Heating agreed to pass on to me. Without prejudice to any remedy I had under S2(1) of the Misrepresentation Act 1968 I accepted this offer but advised York Heating I would be seeking a remedy against them under the above Act in the UK courts. At this point York Heating had to concede that as the merchant supplier of the stove they had no defence in law and agreed to supply the glass and baffle brick at no cost to me.

It should be noted that Euroheat contended that the parts I required “are not covered by any warranty as they are deemed as renewable parts as they do wear out and glass, unfortunately breaks so can not be guaranteed”. Despite this however, York Heating were advised by me that in the light of the express written guarantee in the sales brochure published by HWAM such an attempt to exclude the glass and baffle brick would be deemed as Contra Proferentum by the UK courts. I state this with confidence in my capacity as a lawyer. I can state my belief that most courts throughout Europe and America would also uphold this doctrine.

Another issue arose in respect of the stove which was recently brought directly to the attention of HWAM in writing which they have steadfastly failed to acknowledge. This is in respect of the chassis of the stove which is seriously corroding, the consequence of which is that the paint is peeling off leaving the stove in an unsightly state. Indeed, the stainless steel jacket is also showing signs of rusting. I have written to HWAM urging them to honour the terms of the express guarantee they have published. However, my communications to them have been met with a wall of silence. Unfortunately to obtain a remedy against HWAM I would have to issue proceedings in the Danish regional courts which I have no intention of doing as the cost of doing so is manifestly prohibitive.

Stove Expert Replied: Most manufacturers do not cover glass or liners in their warranty and it specifies this in the guarantee section but as you are a Lawyer you will know what to do to overcome this!

The best log burner we have ever bought. Very easy to light, fuel efficient and kicks out an enormous amount of heat. Airwash is not always perfect but that is probably due to the fact that we have shut it right down if we have wanted to keep it in overnight. Glass is a breeze to clean with aerosol glass cleaner available from Lidl occasionally, but not stocked all the time. Forget expensive HG stove glass cleaner, Lidl's costs £1.29 and is brilliant. We have just built a very contemporary eco house and the style fits in perfectly. Please enter our name for the sawdust log draw.