Sale of Goods Act - what does it cover?

glasgow_oldie

Is anyone sufficiently knowledgeable on the Sale of Goods Act to know if it covers replacing other items damaged by the original faulty article.
We purchased a bathroom shower, tray and glass panels, and while the plumber and tiler were positioning the glass panel, it exploded. This apparently sometimes happens from a manufacturing fault, damage in transit etc. Both fitters were adamant no damage was obvious or had ocurred, and both have been doing this for decades.
I contacted the retailer immediately, they contacted the manufacturer, who said they would replace the panel.
On clearing up the glass, damage to the shower tray was found, so retailer again contacted the manufacturer, and after sending some photos, agreed to replace the tray.
However, it will cost a couple of hundred pounds or so to take the existing tray out and replace it, as all the adjacent tiling will need to be replaced. The manufacturer said they would not pay for the labour and materials.

I know that my contract is with the retailer, so I will get onto them, but does anyone know what the legal situation is for this sort of thing?

Thanks

wealdroam

If you are a consumer, and it sounds like you are, Section 48B of SOGA says, amongst other things:

Repair or replacement of the goods
(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

So if they are going to provide a remedy, they must cover the costs in doing so.

The seller pays for the labour for removal and re-fitting... also the cost of any new tiles, adhesive, grout, etc. needed.

ThumbRemote

Although damage to another item is consequential loss, so covered under contract law rather than the SoGA directly.

glasgow_oldie

Thanks for those replies.

Do you know of a sensible layman's guide to contract law?

Ian

InsideInsurance

To be honest, you dont really need any guide on law and are probably worse off with it. You send a letter full of pseudo legal terms and the vendor then replies with a formal solicitor style letter that you dont understand and you are then on the back foot especially if you have miss used your legalese

Did the manufacture say it was doing things as a gesture of good will or that they accept the products were defective?

I would simply write to the merchant advising that they supplied defective goods which resulted in damage to your property. The manufacturer has already picked up the cost of replacement of the parts and you are now seeking them to cover the cost of the fitting

bris

It complicates things greatly when a fitter not supplied by the retailer does the job, they take over the responsibility.

With the glass exploding (according to them) it could get messy if the manufacture decide it was fitter error rather than a very rare occurrence as this.

Gestures of goodwill should not get confused by admitting liability, personally I think you have done well getting the closure and tray replaced.

And Thumbremote consequential loss is a allowed for directly in SOGA

glasgow_oldie

It is the retailer who have been dealing with the manufacturer, and they have not said they are replacing the goods as a gesture of goodwill. I think this is to be expected that they would not admit faulty goods; there is no evidence one way or another anyway, and admitting fault would clearly prejudice themselves if it did come to court or the fitter developed a problem with the injury. The fitters were not supplied by the retailer, but those that were recommended were going to be independent contractors anyway, so I am not sure if this would be relevant.

If it came to the small claims court, I would have to rely on the word of 2 experienced fitters being accepted that they handled the goods carefully in the usual way, but did not know if this consequential loss could be included as part of any claim under the SOGA
Thanks for these useful replies
ian