Can I claim consequential losses from a supplier

Surfer59

I've just bought a new bathroom. I now had two baths that are not fit for purpose; it's a straight bath but the sides are so wavy that a side panel will look awful. My retailer has been trying to get another bath in quick time. I've now had to reject the bath and as I've no confidence in the first bath manufacturer I'm buying a different bath. The delays are going to add to my labour costs, as well as delaying the bathroom being finished. As the retailer is not at fault, can I claim consequential losses from the bath supplier? I know I can't claim for the delays but can I claim for any additional labour?

earthstorm

Surfer59 wrote: »

I've just bought a new bathroom. I now had two baths that are not fit for purpose; it's a straight bath but the sides are so wavy that a side panel will look awful. My retailer has been trying to get another bath in quick time. I've now had to reject the bath and as I've no confidence in the first bath manufacturer I'm buying a different bath. The delays are going to add to my labour costs, as well as delaying the bathroom being finished. As the retailer is not at fault, can I claim consequential losses from the bath supplier? I know I can't claim for the delays but can I claim for any additional labour?

so you purchased from a retailer and the retailer ordered from their supplier, if this is the case then NO as your contract is with the retailer only.

ThumbRemote

Your consequential losses would also be seen as your own fault. You would be expected to purchase the bath and accept it before arranging fitting, unless you had a contract with the retailer that says otherwise.

vaio

As the retailer has breached the contract by failing to deliver acceptable quality goods then, provided a firm delivery date was part of the contract, I'd say that any consequential costs would be recoverable.

The concept that you need accept delivery and inspect goods before *arranging* to have them installed seems bizarre and certainly unworkable on a large job. Plumbers would have a designate time slot within the schedule and deliveries of sanitary ware would take place immediately before fitting time

Surfer59

As I didn't have a firm date, other than the plumber starts on the 5th and can you delivery before then, I guess I can't claim consequential losses. After two poor baths and the retailer not being able to get me a bath from another manufacturer, I've tried to minimise my consequential losses by getting my plumber to order another bath from his supplier. It seems wrong that a manufacturer can produce such poor goods (it was not a cheap bath) and I'm going to be several hundreds of pounds out of pocket (extra labour costs for tiler, carpenter and plumber).

vaio

Surfer59 wrote: »

As I didn't have a firm date, other than the plumber starts on the 5th and can you delivery before then, I guess I can't claim consequential losses. ......

I'd say "by the 5th" is a firm date (providing your supplier agreed to it) and so consequential costs should be claimable.