Advice to Members: Serene Heater recall
1 May 2024
We have received a number of queries from members about their obligations following the recall of defective Serene Heater models S2068, S207T, and S2069.
The following advice has been prepared with our legal partner Hazelton Law.
You should check your records and make all possible enquiries (including with owners, if necessary) to see if you have supplied or installed any of the above models of Serene Heater.
If you have supplied or installed one of these models, under the Consumer Guarantees Act, the implied warranties in the Building Act, and our Master Build RBC1 building contracts, you are obligated to replace the heater.
You should contact the owner as soon as possible and take the appropriate steps as discussed with them (i.e. replace or remove the defective heater).
If an owner wants the defective heater removed but not replaced, they are entitled to some compensation (e.g. a credit/refund for the original cost of the heater including installation).
All costs would need to be covered by you as the builder. However, you may be able to recover your costs from whoever supplied the defective heater to you (e.g. an electrical supplier or electrical subcontractor).
You should not wait to get reimbursement from your supplier before doing the work to replace or remove a defective heater.
If you have further questions on the recall, we encourage you to seek independent legal advice or contact Hazelton Law on 04 472 7570 (the first 18 minutes are free).