Faulty windows

Dubber83

Hi,
I purchased some rear windows for my VW Campervan from a well known (to fellow VW owners) site.

When I got the windows, I quickly checked them for damages and wrapped them back up ready to have them fitted.

The garage had a busy spell so could not fit me in for five weeks unfortunately.

When I got my van back, I checked over it to make sure everything was ok to find lots of small dents on the glass, causing a distortion in the reflection, making them look awful.

The company in question tell me that ALL third party windows are like this and the only way to get glass without the dimples is to buy genuine VW at a high price.

I have put a post on the VW forum about it and the vast majority of people say its faulty and not acceptable. On top of this, the company sell these as 'The best quality conversion windows on the market'

What I need to know is, considering they are considered faulty, and the fact that they don't meet the description can I expect to be able to send them back once Ive had them changed for decent glass, despite the fact that the have been fitted.

These dimples aren't immediately obvious, especially when checked indoors, but as soon as they are outside and on the van, stick out like a sore thumb.


Sorry for such a long post,
Thanks in advance.

Dubber83

Wow, 175 views and not one reply. Does nobody have an opinion on my situation??

societys_child

203 views now . .

It's possible the company could say, by fitting them you've accepted them.

Seems no one is really sure how you stand legally stand. Are they really that bad?

LilElvis

It's a tricky one because on one hand you have a faulty/misdescribed item and on the other you have the fact that they can claim you accepted it by way of fitting it to your vehicle. Hopefully someone will post something helpful to you, but it's a far from clear cut situation.

unholyangel

(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a)of ascertaining whether they are in conformity with the contract, and
(b)in the case of a contract for sale by sample, of comparing the bulk with the sample.

As for the "best quality conversion windows on the market".....to me that doesn't state they're good quality. Just that they're the best quality conversion windows available to buy - which may be true or may not. If it is true then I suppose you could argue its likely to mislead the average consumer.

I suspect you havent had a lot of responses (views doesnt mean much as it could be the same person - even the op - checking the thread every so often or refreshing on it) because its subjective.

For example if you paid £100 for them....you wouldnt expect as good quality if you had paid £1000. How much do the official VW ones cost compared to these ones?

Dubber83

Thanks for your replies guys, I realise this isn't clear cut.

These were £140 plus a fitting kit costing £25, and I have found a site selling VW ones for £180 with a fitting kit included. So the price difference is minimal.

The company i got them from has told me that all third party glass has these dimples, but I have a guy coming this afternoon to fit some third party ones that he promises won't have the dimples.

I know a few dimples doesn't sound much, but its the distortion of the reflection that looks terrible.

The reason I had them fitted was because I checked for damages, not noticing the dimples, then repackaged them so the garage could fit them for me.

Im not asking for anything to pay for having them changed, I have, today, only asked for a £140 credit that I can spend in their store. I would be happy with that, only time will tell.

bris

Problem you have is you did inspect them and you did fit them, 5 weeks passing can only weaken your case, they are in my opinion accepted.

My opinion however means nothing, only a court can help you to determine this.