Problem with recently fitted bathroom

stars_bright

We will have to go and discuss this with the retailer, I think the vanity unit was from abroad, can't remember now. However, if they do replace it, I assume we will still have to pay the costs of removing the old one and installing the new one?

Alan_M_2

molerat wrote:

If an item is faulty the retailer is responsible in law. End !! The retailer can liase, shout at or jump up and down with the manufacturer as much as he likes, but the retailer is responsible in the end. It obviously works wrong in your business.

http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0043-1011.txt

Copy and paste directly from your link:-

he Sale of Goods Act 1979 (as amended) says that goods should be as follows:

* Of satisfactory quality.

This means the goods must meet the standards that any reasonable person would expect, taking into account the description, the price and all other relevant information. In some circumstances, the retailer MAY be liable for any statement made by the manufacturer about the goods.

Satisfactory quality includes the appearance and finish of the goods, their safety and durability and whether they are free from defects (including minor faults)




Note that it only says MAY, it doesn't state the retailer is the be all and end all, this is often overlooked.

Alan_M_2

stars_bright wrote:

We will have to go and discuss this with the retailer, I think the vanity unit was from abroad, can't remember now. However, if they do replace it, I assume we will still have to pay the costs of removing the old one and installing the new one?

Yes this is normal, and guarantee only covers the item itself, associated installation costs are nearly always specifically excluded.

Some reputable manufacturers ( in my experience - Bette Baths) will cover the cost of installtion if it is an obvious manufacturing fault but this is unusual and generally isolated to the manufacturers that produce the top end products.

kat21

actually it might be an installation error, if for example the fitter cut the material and didnt re seal it later. I have seen this many times over by contractors whom dont normally fit bathrooms or kitchens. when anything is cut even for a pipe it has to be re sealedif its the base of the unit there are several options one is to use a good silicone sealant during the installation process the other is to paint any open wounds so to speak to re seal them back up.
kat21
check to see if the bottom of the unit was cut. if you can

stars_bright

Well, my partner phoned the retailer and they said that they were always getting this problem! Pity they didn't tell us this before we bought it! Anyway they said to phone the manufacturer, which he did and they said to get some quotes for refitting a new unit and send them to them - so it looks like they might be willing to pay for this. I am anxious to avoid this happening again with the new one though!

Alan_M_2

Good result, shows a quality manufacturer that they'll even entertain the claim.

djohn2002uk

I would sugest that the water has penetrated where the top of the vanity unit has been cut out for the basin to fit in. With the new one, when the hole is cut, paint all the bare wood (or chipboard/MDF) with a lot of coats of varnish before fitting the basin. Then make sure where the basin meets the surface of the unit is well sealed with waterproof sealant and you should be ok.

By the way Alan, under the sale of goods act your contract is always with the retailer (the people you paid your money to) and not the manufacturer. The only other people who could be liable are Credit Card issuers and Finance companies who become (if used) Jointly and Severally responsible
I know this because I am presently in dispute with Harveys over a suite and they have caved in after Trading Standards intervention.

molerat

Alan_M wrote:

Copy and paste directly from your link:-

he Sale of Goods Act 1979 (as amended) says that goods should be as follows:

* Of satisfactory quality.

This means the goods must meet the standards that any reasonable person would expect, taking into account the description, the price and all other relevant information. In some circumstances, the retailer MAY be liable for any statement made by the manufacturer about the goods.

Satisfactory quality includes the appearance and finish of the goods, their safety and durability and whether they are free from defects (including minor faults)




Note that it only says MAY, it doesn't state the retailer is the be all and end all, this is often overlooked.

There are two completely different statements in that extract. One relates to satisfactory quality and the other to statements from the manufacturer. The vanity unit must perform as a vanity unit and the retailer IS responsible for this. If the manufacturer says that it will also cook breakfast for you the retailer MAY be liable for this statement.

BTW I am a retail manager so I am not biased on the consumer side.

Alan_M_2

My point being, like many of these laws they are written in an ambigous manner.

I've generally found when push comes to shove, the manufacturer deals with the problem if they want the retailer to continue supplying their product.

stars_bright

There has been a further developement with this. The manufacturer wanted the retailer to come out and look at te unit to confirm why the damage had occured. The retailer refused to fo this, saying that they were too busy! So the manufacturer has now changed their mind and said we have to deal with the retailer. The retailer said that they will suplly anew unit, as long as we take the old old back to the shop first. However there seems no point in fitting a new one if it is just going to have the same problem and the shop has said they will not pay the refitting costs. So, we have contacted Trading Standards who agree with our case and we are about to do battle with the retailer for the costs of refitting.