faulty worktop - who's liable?????

I'd be so grateful for anyone's help & advice...........

One of my kitchen worktops have developed a 4inch crack. I've contacted the manufacturer who sent out an inspector. The manufacturer have now stated that they are not liable because the dishwasher (underneath the crack) was not fitted with a difuser.

The worktop installer is saying that's basically a load of rubbish because there's no way the difuser would have stopped the crack, as the difuser is merely a strip at the front end of the worktop & the crack is in the middle!!!

The worktops aren't cheap & were only purchased 12months ago :(

Comments

  • So what does your independent person say caused the crack? I am not aware of worktops spontaneously cracking (but I am not a worktopologist).

    If he can put down on paper that the fault was inherent you should present this opinion to the company and suggest they resolve it. If they fail to budge then put in a small claims court claim for the value of getting it repaired (or replaced if it is not repairable).
    Thinking critically since 1996....
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    (but I am not a worktopologist).
    Wow you made a new word, I will be looking for that in the dictionary soon.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What is the worktop made of? Is there any kind of foil or protection fitted to the underside of the worktop, above the dishwasher, to dissipate the heat?
  • tt2505
    tt2505 Posts: 41 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    neilmcl wrote: »
    What is the worktop made of? Is there any kind of foil or protection fitted to the underside of the worktop, above the dishwasher, to dissipate the heat?


    No foil protection (apparently that would be the difusser) the work top is'Maia' & unbreakable!!!!!
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 2 August 2012 at 12:45PM
    tt2505 wrote: »
    No foil protection (apparently that would be the difusser) the work top is'Maia' & unbreakable!!!!!
    I thought your fitter said the "diffuser" is just a strip at the front of the worktop. What you required is a full sheet of heat/moisture barrier on the underside of the worktop over the whole area of your dishwasher and any other appliance heat source.

    Having said that and just looking at some fitting instructions for that type of worktop it does suggest that maia are "resistant to heat, chemicals, staining and impact". If I were you I'd get hold of the manufacturer's fitting instruction to see if they advise the use of heat diffusers etc, if not then they should be liable via any warranty you have.
  • tt2505
    tt2505 Posts: 41 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    neilmcl wrote: »
    I thought your fitter said the "diffuser" is just a strip at the front of the worktop. What you required is a full sheet of heat/moisture barrier on the underside of the worktop over the whole area of your dishwasher and any other appliance heat source.


    Yes thats right the fitter says the diffusser is just a strip at the front.

    I've now requested the fitter to provide me with a letter that I can forward to Maia arguing the case.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you've had the worktop fitted to the manufacturer instructions then I can't see they have a leg to stand on.

    I can't see anything about a diffuser here: http://www.maiaworksurfaces.co.uk/pdf/care_maintenance.pdf
  • tt2505
    tt2505 Posts: 41 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    neilmcl wrote: »
    If you've had the worktop fitted to the manufacturer instructions then I can't see they have a leg to stand on.

    I can't see anything about a diffuser here: http://www.maiaworksurfaces.co.uk/pdf/care_maintenance.pdf


    Thanks Neil, I've just read through it & found this on page 7, paragrapgh 11:

    Please note that dishwashers and driers should have a diffuser plate mounted
    to the underside of the work surface.

    Looks like I've got a prob with the installer!!
  • bod1467
    bod1467 Posts: 15,214 Forumite
    In which case you may need to make a claim against the installer, for not following manufacturer guidelines.
  • tt2505
    tt2505 Posts: 41 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Thanks everyone, I mentioned fitting instructions & small claims court to the installer, he's now saying he'll sort it & calling round tomorrow :T
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