Fitted Faulty bath, leaking thru grp, who pays?

Budha7

I am a fitter who has just about finished a complete refit, which now turns out only to have a faulty bath!
I visually checked the tub, no problems. I then fitted the tub, filled with water and sealed it, left it overnight with the water in, no problems. Emptyied it in the morning to check the waste etc, all good.
I have since filled it back up for tiling purposes. The water had been in it around 2 days when I noticed a small drip from underneath, after investigating and double/triple checking everything I have done, it turns out I can see the water leaking through the fibres of the bath. I cannot see where it originates from. There was no leak after the first test when it was fitted and sealed.
The shop has agreed to supply a new bath, but says no to the fitting charges etc. I feel gutted for the customer because they just want it finished, have been saving up for this etc.
I did everything I feel I could to check it wasn't faulty, (visually then water left in overnight), the shopworker visually inspected the bath prior to delivery. But who should pay for the refit? Supplier or manufacturer? Surely not me or the customer?

Any ideas please?

gordikin

I'd be looking for a financial gesture from the supplier who can then deal with the manufacturer as to who pays it. I've a feeling your customer wont get the full cost of refit but would you be willing to refit for a 'cut price'? A bit of negotiation between all parties is called for I think.

silvercar

Work backwards up the chain.

If you supplied the bath, then you supplied a faulty bath to the customer. The contract was between you and the customer; your part failed so you carry the cost.

Your supplier supplied a faulty bath to you. The contract was between you and the supplier; the supplier's part failed so they carry the cost.

Your supplier sourced a faulty bath from the manufacturer. The contract was between the manufacturer and the supplier; the manufacturer's part failed so they carry the cost.

The replacement part of it is easier. The cost of installation falls to whoever is liable for inspecting. So if the supplier has a duty to check, then its him. If your contract with supplier requires you to inspect then its down to you.

Budha7

Hi
thanks for replying!
I agree with what is being said by both of you.
The tub was visually inspected by the shop staff. Before I fitted it I visually inspected it, nothing to report. It was tested by being brim filled and sealed, then left overnight, no leaks. Installation was then continued, when the tiling was started the bath was refilled for correct heights etc. It was after 2 days of having water in that it was leaking.
How is this possible to check before hand?
What is an exceptable length of time for water testing? I feel over night (14hrs) is plenty.

Ultimatly I feel it is the manufactures problem, who have a contract with the supplier who has a contract with the shop who has a contract to the customer. I un/fortunatly had nothing to do with it, I am just the fitter.

'nightmare'

it's a lose lose situation for the poor customer!
Where does the blame lie?
I have never been in the situation where the tub has been completly fitted and then there was a problem.

sunshinetours

silvercar wrote: »

Work backwards up the chain.

If you supplied the bath, then you supplied a faulty bath to the customer. The contract was between you and the customer; your part failed so you carry the cost.

Your supplier supplied a faulty bath to you. The contract was between you and the supplier; the supplier's part failed so they carry the cost.

Your supplier sourced a faulty bath from the manufacturer. The contract was between the manufacturer and the supplier; the manufacturer's part failed so they carry the cost.

The replacement part of it is easier. The cost of installation falls to whoever is liable for inspecting. So if the supplier has a duty to check, then its him. If your contract with supplier requires you to inspect then its down to you.

Surely its the customer who works up that chain as the poster was only a fitter (presumably not supply and fit). Agree ultimatley its te manufacturer who should shoulder the blame

boyse7en

If it only leaks a couple of drips after its been filled for 2 days, I might be inclined to leave it. How often is the customer likely to leave a bath full of water for two days?

As far as liability goes, it depends whether you are supply and fit, or just fitting the bath. If the latter it is up to the customer to negotiate with his supplier. If the former then you fit new bath FOC for customer and try and reclaim your expenses back from suppliers. When I worked for a specialist equipment supplier we would (after negitiation) repay fitter's expenses for faulty equipment but at what we felt was a reasonable daily or hourly rate, not necessarily what they claimed.

ormus

generally speaking, the retailer only pays for a replacement or a refund.
the fitter should not pay as he has done nothing wrong.
that leaves the poor old customer.

andyhop

The bath probably could be repaired, whether the customer would accept this is there choice

We had issues with Ideal Standard BTW Wcs splashing, Caused by the manufactor using the wrong jig for the water holes

We have also had troubles with Duravit where the wc leaked from faulty casting

Both accepted liabilty and i was fully compensated for ALL my time

vaio

In theory a business dealing with a consumer can’t escape the Sale of Goods which will allow consequential costs (like labour) to be recovered if the bath is faulty. However in business to business transactions the two parties can agree whatever terms they like and can exclude consequential losses (like labour)

If the consumer bought the bath and then paid the OP to fit it then the consumer needs to chase the bath supplier for a new bath plus labour costs.

If the OP supplied & fitted then he needs to replace the bath at no cost to his customer and then try and recover the costs from the bath supplier, whether the OP will get labour costs paid depends on the T & C that applied when he bought the bath.

In practice it sounds like a manufacturing fault and I’d expect the manufacturer to pick up the costs regardless