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Bathroom suite, Not as described

loopylou0_8
Posts: 12 Forumite
I recently bought a square shower bath which had a shower screen included. There were 2 available in this shape but one described the shower screen as fixed, which I didnt want. I wanted to be able to move it so I had easier access to the taps and surely a fixed one isnt that safe re falls?. The one I chose didnt say it was fixed- so I assumed it wasnt. My fitter fitted the suite without question, assuming what was there I had chosen. Once fitted he said "never seen one of these before (screen) it doesnt move eh?" I contacted the supplier of the suite and they said as it was fitted there was nothing they could do. I argued that they did not state it was "fixed" as they had on the other one. They came back with - you should have checked bla bla. Maybe I should yeah, but surely that doesnt excuse the fact that it was not described as fixed on the info. Any ideas what to do next. So far I have just emailed them.
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If it didn't specify either way, it was surely up to you to check before purchasing? You can't just assume that it was movable. Did you not even inspect it before fitting though?No free lunch, and no free laptop0
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Yes, I inspected it for damage but not to see if it moved, why would I? It didnt say it was fixed - which is my point. The description did not say fixed so why would I think otherwise? The other option was described as fixed so why wasnt this one if it was - fixed? Why, once one has read a description of something would one be expected to then check that description? Surely things should be described accurately so there is no question.0
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Unfortunately it was your assumption that was wrong, not the info that was stated by the supplier.
I don't see that you have any legal redress on this occasion.Herman - MP for all!0 -
loopylou0_8 wrote: »Yes, I inspected it for damage but not to see if it moved, why would I? It didnt say it was fixed - which is my point. The description did not say fixed so why would I think otherwise? The other option was described as fixed so why wasnt this one if it was - fixed? Why, once one has read a description of something would one be expected to then check that description? Surely things should be described accurately so there is no question.
Well, mainly because this point was clearly important to you, and the description was not clear or consistent? So not inspecting it before fitting (at which point you could have probably returned it) seems to be the height of folly under the circumstances.
Even if they'd supplied entirely the wrong item, it's still your responsibility to inspect it before fitting. Once fitted it is valueless to them and they won't accept it back.No free lunch, and no free laptop0 -
I do see what your saying, but dont think Im wrong (as a person who has not studied shower screens, and thought a shower screen was a moveable one unless it was stated as "fixed") to expect it to say "fixed shower screen" if it was a fixed one. Im sure Im not the first and wont be the last.0
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I'm sure you won't be, but unfortunately you have no viable claim whatsoever against the supplier now.No free lunch, and no free laptop0
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I think I'm more in sympathy with the OP - surely most shower screens move? I know you can get fixed glass panels for wetrooms etc, but they obviously *have* to be fixed. And OP does tell us that his plumber also found it odd that it didn't move. So are we saying that it is impossible for this square bath to have ANY kind of moveable screen? Or just that the manufacturer chooses not to make one? I think you can justifiably complain that they haven't made this clear in their advertising or specs, but they probably won't do anything about it at the end of the day. Cut your losses and buy one that does move, and resolve to ask detailed questions next time.0
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I'm inclined to be on the side of the supplier. Just because it didn't say fixed it doesn't rid you of the responsibility of checking it. You should have checked before allowing it to be fitted, not a nice outcome I know but that's the reality.
You could always ask if they would be prepared to replace it with a different model, at your own expense if the replacement is of higher value.0 -
My van wasn't described in the literature as being capable of doing 180mph. I expected it to as the literature didn't say it didn't. It doesn't. Do I have grounds to complain?
CheersThe difference between genius and stupidity is that genius has it's limits. - Einstein0 -
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