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Fitted incorrectly, who is responsible?

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Hello,

Can you help with this scenario.


Customer buys a piece of plastic from a website, this is sold has a set size piece of I.E - 1000 x 500 x 5mm Lime Green Acrylic

Customer has decided to use this as kitchen splashback, they cut plug socket holes in the material and then stuck it on the wall.

The silicone they used can be seen through the material, they have complained and said they spoke to a member of staff over the phone and was told to use this type of adhesive, to which no one recalls doing so and would only ever advise one type of silicone (which hasn't been used)

Customer demands replacement, correct silicone and labour costs for builder to install.


The way I see it, this was solely sold as a piece of plastic, customer wanted to use as splashback, and decided which silicone to use and this hasn't worked.... who is responsible and should the supplier have to meet the demands or not?

Thank you
«13

Comments

  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Buyers fault they bought it they made all the decisions .
  • SSST
    SSST Posts: 15 Forumite
    Eighth Anniversary Combo Breaker
    JJ_Egan wrote: »
    Buyers fault they bought it they made all the decisions .

    This product page does list the following

    Product Applications
    • Window Replacements
    • Barriers
    • Furniture
    • Windows & Doors
    • Exhibits
    • Boat & Motorcycle Windscreens
    • Signage
    • Splashbacks
    • Point of Sale
    • Models and much more

    Because it states these can be used as a splashback, does this automatically mean the company MUST state how to fit/machine/manufacture each one of the above applications the plastic can be used for?
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    SSST wrote: »
    This product page does list the following

    Product Applications
    • Window Replacements
    • Barriers
    • Furniture
    • Windows & Doors
    • Exhibits
    • Boat & Motorcycle Windscreens
    • Signage
    • Splashbacks
    • Point of Sale
    • Models and much more

    Because it states these can be used as a splashback, does this automatically mean the company MUST state how to fit/machine/manufacture each one of the above applications the plastic can be used for?

    If you bought a pile of bricks would you expect it to come with instructions as to how to build a house?

    Do you have a record of the call you made to ask about the adhesive? This might prompt them to believe your version of events. How much did the plastic cost?
  • SSST
    SSST Posts: 15 Forumite
    Eighth Anniversary Combo Breaker
    No record, they don't have the name either, just that it was male...


    Is there a link to official legislation or something referring to buying something then fitting it and who is liable and non consequential losses etc..
  • ChumLee
    ChumLee Posts: 749 Forumite
    SSST wrote: »
    No record, they don't have the name either, just that it was male...


    Is there a link to official legislation or something referring to buying something then fitting it and who is liable and non consequential losses etc..


    You're liable and always would be, unless you can get someone else to take responsibility. Have you taken up the issue of silicone with your builder?
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    How can you be responsible for the failings of a DIY bodger .
    The product has not failed, it was just installed by an incompetent person, the material is fine.
    I do Contracts, all day every day.
  • pinkshoes
    pinkshoes Posts: 20,528 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Did the shop who supplied the splashback also supply the silicone?

    If yes, it is their fault.

    If no, it is your fault for not researching correctly.

    The shop no doubt just listed suitable applications for the material. It is up to you to work out how to do it. my parents fitted something similar in their kitchen, and spent a while googling how to stick it to the wall.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    ChumLee wrote: »
    You're liable and always would be, unless you can get someone else to take responsibility. Have you taken up the issue of silicone with your builder?

    I am assuming the OP is related to the retailer, not the customer....

    Unless you genuinely think the retailer is liable, which they are not.
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    (Because it states these can be used as a splashback, does this automatically mean the company MUST state how to fit/machine/manufacture each one of the above applications the plastic can be used for? )


    Not at all .

    (Is there a link to official legislation or something referring to buying something then fitting it and who is liable and non consequential losses etc.. )

    Sale of Goods Act is the nearest but the lack of knowledge of the person who fitted it is not covered by law .


    Really this reads as a product that has been fitted by an amateur with total lack of knowledge and not even bothered to research . There are many coloured silicones on the market and reading the OP no thought was given to this . Customer did not even bother to test .
  • ChumLee
    ChumLee Posts: 749 Forumite
    I am assuming the OP is related to the retailer, not the customer....

    Unless you genuinely think the retailer is liable, which they are not.

    Ok the customer is responsible. I thought the customer was responsible for asking the question.
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