Advice wanted re. tiles.

Jobuck

We recently purchased 12 boxes of tiles from Porcelanosa and we had our bathroom tiled whilst on holiday.
On our return, we noticed that anout 5 tiles were a different shade, but the tiler had put these on as they were the same batch number.
We have complained to Porcelanosa and they agreed tht the tiles were a different shade, that as a company they would only send out the same batch number/production run and could not understand how it had happened. They said they would try and get us some more, but did say the tiler shouldn't have put these tiles on.
Yesterday we got a phone call from them to say they had found 7 boxes of tiles (same batch number) and we could buy them at the same price we got them last time (eg. 25% off).

We believe they should at least give us the cost of correcting their error........as tiles will need to be taken off, walls possibly replastered and then the wall retiled.
Plus how can they guarantee the shde of the 7 boxes of tiles will match (as the same batch number didn't match before).

What could our next step be to get our bathroom put right at no cost to ourselves?

Valli

To be honest I would expect Porcelanosa to replace the tiles only.

In part this is (I believe) also your tiler's fault - he should NOT have put them up. Especially as he's a professional and should know better.

I don't know, however, and cannot think of the relevant legislation but I believe there is something, somewhere, in some legislation about mitigating your loss. Your tiler spotted the fault but he carried on.

This is also why having someone do work when you're not around is a bad idea. Because they aren't going to have to live with the consequences but you are.

Jobuck

Thanks for your quick reply.
The issue we have with replacing the tiles though, is how they can guarantee the 7 boxes of tiles will match the rest of the tiles in the bathroom.......it could be that the 5 wrongly shaded tiles we have currently match these 7 boxes of tiles so we would then be another 4 boxes short.......hope this makes sense?
Could we cliam re. the fact they sold us faulty goods and that therefore they are not fit for purpose?
The other issue I did not mention, is that the tiler although professional, is a good friend of ours.

Valli

a good friend? I wonder how long THAT will go on for - I would have thought then, he would have had the sense to get in touch BEFORE he put them on and point out they weren't right.
Porcenalosa (whatever they're called) are responsible for supplying the tiles correctly. they aren't responsible after they've been applied it it is THEN noticed they are not right.

This is why wallpaper has codes and you're supposed to have all the same code, why, if you're using 2 pots of paint you're supposed to mix them togehter first - to ensure a match. bacause they know fiull well that they cannot guarantee that different batches have the same colour. Tiles have to be fired and glazed. Bet there's a disclaimer on the box somewhere.

No you can't claim as faulty and not fit for purpose. Because they're not faulty and they are tiles. Colour is irrelevant. If you can't return the tiles to Porc. in a usable condition (and this is unlikely after they've been applied to a wall) you have no chance.

In all honesty your issue is with your friend the tiler.

arcon5

I'm not sure she has any rights with the tiler either tbh.

She hired him to install wall tiles which she supplied -- and that's what he did.

Techhead_2

arcon5 wrote: »

I'm not sure she has any rights with the tiler either tbh.

She hired him to install wall tiles which she supplied -- and that's what he did.

Yes, however the Tiler would be expected to use reasonable care and skill. Which clearly, they have not done, by using the mis-coloured tiles.

There are two resolutions to this problem:

Porcelanosa need to replace the mis-coloured tiles.

The tiler needs to correct his error.

visidigi

you don't need to adhesive the tile to the wall to check if the shade matches...

Did you get the tiles in before the tiler came in? Or did the tiles arrive while you were on holiday? Did you collect the tiles from the store?

If the tiler turned up to fit a pile of tiles you had waiting then I would be inclined to say you have to shoulder some responsibility as the tiler was only employed to fit what you provided, not source and fit.

Also, one last thing, we you reachable on holiday? Tiler could dispute absolutely any responsiblity otherwise.

arcon5

Techhead wrote: »

Yes, however the Tiler would be expected to use reasonable care and skill. Which clearly, they have not done, by using the mis-coloured tiles.

There are two resolutions to this problem:

Porcelanosa need to replace the mis-coloured tiles.

The tiler needs to correct his error.

The tiler would be expected to use reasonable care and skill when doing the job instructed to do, not in checking the the tiles are to his customers satisfaction. I think you have taken 'reasonable care and skill' completely out of context here if i'm honest.

Customer provided goods. Tiler told to install them. So long as the work undertaken was to a satisfactory standard I don't agree the tiler can be responsible simply because op failed to check the tiles they asked him to fit.

[ADDING]
The fact a few tiles was the wrong shade doesn't automatically mean they are incorrect. The tiler could simply think op got them on sale or similar and was happy with some minor imperfections if it meant significantly reduced costs. The tiler doesn't know the circumstances around why they are different shades.

I don't think op has any automatic rights here... the tiler isn't responsible. She could have them replaced by the seller for them being 'not as described' perhaps, however they could insist she returns the defective ones, which she will be unable to do in one piece.
Whatever happens, it's gonna cost her money -- and a friend if she persues the tiler.

Her best bet would be to minimise her losses by persuading the company and tilier to sort it out on the cheap

vax2002

You can not really hold the tiler responsible for the quality of the product if you supplied it yourself.
You employed him to fit what you provided and this he did.
From A legal point of view that's where it ends.
Cutting out the middle man and sourcing your own goods as a member of the public can go wrong, they often see it as an opportunity to palm off "those boxes on that pallet..."
From a moral point of view, the tiler should go to specsavers..

texranger

any good tradesman would have been able to use the mismatched tiles and no one would have been able to spot it.

i remember in my youth when i was working as a decorator, i have to wallpaper a large room, the first thing i would do was check all rolls of paper have the same batch and SHADE number. the homeowner had 26 rolls to do this room and even without reading the labels i spotted 4 rolls that looked slightly different shade wise, but the batch and shade numbers were the same as all the other rolls. the store refused to do anything about it as they all had the same numbers. so what i did was to use the 4 mis shaded rolls on 1 wall, so overall you could not tell the difference.

Jobuck

Just to inform you all, the tiles all had the same batch number. Porcelanosa has admitted they would not sell tiles unless they were all produced on the same production run, and cannot understand the difference in shade. So they have admitted the tiled are faulty but want us to repay for them!!!!