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Cracked Hot Tub - What are my rights?

Hello all,

I recently purchased a hot tub from Costco, picked it up and brought it home. Luckily, I planned this at the same time my neighbours were getting their fences replaced, which meant that although the hot tub couldn't fit through my garage and into my garden - I could (with the help of 7 friends) carry it through 3 gardens and into mine.

Skip forward two weeks, and I finally remove the packaging to find three cracks in the shell of the hot tub. Two of these are located close to one another, with a third, bigger crack about 60 cms away. There is a "bubble" at the bottom of one of the cracks, and they all look like they must have been created during the manufacturing process. There is no evidence to suggest something has hit the area, or that it's been dropped in the area. I am 99.9% sure any professional looking at the evidence would rule it was a problem with the manufacturing, not transit etc.

I contacted the hot tub manufacturer (who were incidentally very nice). After initially saying it was the responsibility of Costco, they stated that it may be repairable and to send over some photos / video - which I have now done.

While I wait a response, I have also contacted Costco who were not so apologetic, and stated things are sold on a cash and carry basis, so I would need to return the product to them. They did however say to send over the evidence and they'll sync up with the manufacturer and get back to me.

I know that Costco customer service is very good, and I am sure they'll do their best to help me, however at the moment it's going to cost me over £1000 to get it craned out of my garden (over the house!) as there is no other option for moving it.

The alternative is getting the manufacturer to "fix the cracks" - which concerns me as I am not sure if this will look bad (they suggest not) and also makes me question the quality of the product - will it develop more cracks?

I'm not sure what to do - and would appreciate any advice. Is it going to be my responsibility to get the hot tub back to Costco? Will I have to foot the £1000+ for the crane? Are there any other options?

:(
«1

Comments

  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    A repair in-situ would seem the best option here given the logistical problems and cost of removing the tub.
    "You were only supposed to blow the bl**dy doors off!!"
  • mattyprice4004
    mattyprice4004 Posts: 7,492 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Unfortunately things do break, and when fitting something as immovable as a hot tub I'd always have a contingency plan - if the only option in the event of removal being necessary was a crane I wouldn't have bothered.

    You're expected to mitigate your losses if you did try to chase them for costs, part of this would almost certainly be inspecting it before fitting in a location that needed £1000 of removal work...!
  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    Would it not be a lot cheaper to ask your neighbours if you can remove it the same way and you will pay for the removal and fitting of the fence panels (which you will then subsequently claim from CostCo).
  • OlliesDad wrote: »
    Would it not be a lot cheaper to ask your neighbours if you can remove it the same way and you will pay for the removal and fitting of the fence panels (which you will then subsequently claim from CostCo).

    That is an option, assuming they were to agree. Problem is I need to mobilise 10 people to get it out again, and then another 10 to get the replacement back in... going to be a headache...
  • societys_child
    societys_child Posts: 7,110 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    £1000?
    It'd be cheaper to put a big door on the side/ back of your garage??
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Costco is B2B so consumers rights don't apply, you will struggle to get any expenses out of them, especially a grand for a crane.

    You need to refer to their terms for your rights.
  • ThumbRemote
    ThumbRemote Posts: 4,739 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    bris wrote: »
    Costco is B2B so consumers rights don't apply, you will struggle to get any expenses out of them, especially a grand for a crane.

    You need to refer to their terms for your rights.

    Costco accepts both trade and individual members - it is most definitely not B2B.

    (You're not thinking of Makro, which I believe is entirely a wholesaler?)
  • Techhead_2
    Techhead_2 Posts: 1,769 Forumite
    Costco accepts both trade and individual members - it is most definitely not B2B.

    (You're not thinking of Makro, which I believe is entirely a wholesaler?)

    Individual membership is for specific employment only (whether retired or not), where the person could be seen to be purchasing professionally.

    As such, the purchaser would be responsible for the delivery and correct installation of any item. If Costco ,wished to, it would be easy to show that 10 people manhandling a hot tub across three gardens is not correct installation and liable to have caused damage.

    Personally, I don't think the OP will have any problems unless they themselves decide to get awkward. In this case a repair is the most practical and reasonable solution.
  • ThumbRemote
    ThumbRemote Posts: 4,739 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Techhead wrote: »
    Individual membership is for specific employment only (whether retired or not), where the person could be seen to be purchasing professionally.

    However they handle their membership, they accept individual members. These are not B2B transactions and the SoGA applies to the purchases.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    SoGA applies to all sales transactions within the UK, even B2B ones, unless the B2B agreement contracts out such rights. (Correct?)
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