window suppliers do they have a duty of care

unhappy_window_DIYer

HI
I recently purchased through distance buying UVPC windows for my home, and only request from supplier was size required.
I then found out after delivery that i needed building regs, once inspected it appears that a number of these windows do not meet building reg standards, eg, not toughened glass, opening too high. i have put a dispute into the supplier and they say nothing to do with them that they supplied what i had requested. should they not have taken reasonable care and skill to ensure that these windows would be fit for purpose, I need to know if worth pusuing through smalls claims court.
many thanks

squeekswhenwalking

have you checked re distance selling regulations? also if you paid by credit card and over£100 (I presume it is) worth claiming also against credit card company under section 75 of consumer credit act?

globalds

I don't think your ignorance of the regulations can be blamed on somebody else.

But in this crazy world we live in you may well be able to get a full refund plus compensation.

unhappy_window_DIYer

HI squeekswhenwalks.

thanks for that.
no paid by bank transfer :-( already thought of that. i have looked at the distance selling and i think i have a case but obviously i would think that, just wanted to see if anyone else had had same problem and won.
ta

phill99

So if I go to a timber merchants and buy timber to put a roof on my house and the roof doesn't get building consent, is the timber merchant liable? Of course he isn't.

And this is exactly the same in your case. You placed an order and your supplier supplied it in good faith. It is up to you to satisfy your self as to twhat s required in terms of BC, type of glass etc.

I think you will be laughed out of court.

People bnever accept there own mistakes any more. It's always someones elses fault.

unhappy_window_DIYer

Mr globalds.

I very aware of my ignorance as far as fitting new windows , BUT the window supply companies are aware of all protocols needed to be carried out. why did they not tell me prior to order being completed. Im not after compensation im after windows that are fit for purpose.

unhappy_window_DIYer

Phil99
apples and pears!
what if i had building consent but the timber was not building reg compliant

globalds

unhappy_window_DIYer wrote: »

Mr globalds.

I very aware of my ignorance as far as fitting new windows , BUT the window supply companies are aware of all protocols needed to be carried out. why did they not tell me prior to order being completed. Im not after compensation im after windows that are fit for purpose.

The windows are fit for purpose.
Just not in all the places you want to fit them.

If you had specified toughened they would have constructed to your request.

squeekswhenwalking

was it a trade or retail sale?

unhappy_window_DIYer

it was retail

phill99

unhappy_window_DIYer wrote: »

Phil99
apples and pears!
what if i had building consent but the timber was not building reg compliant

If the timber was not compliant then you wouldn't get BC
But you couldn't blame the timber merchant. He supplied what you asked him to supply. Its you who installed it in the wrong place or installed the wrong type.