Fitted incorrectly, who is responsible?

societys_child

I agree with post #2.

What a buyer does with the product is down to them (unless the suplier provided specific instructions etc etc with the product)

marliepanda

LilElvis wrote: »

OP - are you the seller or buyer?

Probably would have helped if you had made this clear from the outset.

It looked fairly clear to me he was the supplier, though I appreciate it was worded a bit vaguely.

Regardless of who he is in the situation though, the outcome is the same.

NotRichAtAll

tell them you will replace it , once they have returned the original one in the same condition it was sold to them which will be very hard considering he's cut holes in it

he's done a bodge job, his fault not yours

arcon5

If the shop (op) advised the type of adhesive used was okay then the shop is liable. They are the experts and it's reasonable that information they supply can be relied upon, if they don't know the answer they should not have recommended what they did.

Problem is proving what was said and by whom, especially since the shop deny saying it.

I suspect unless the shop do the right thing the customer will be the only looser here

arcon5

LilElvis wrote: »

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

No but if it did you would expect those instructions to be accurate.

When you buy a car they tell you what oil you can use in it, you don't expect to use the oil they said is okay for the engine to fail because it was too thick or thin for that particular engine.

If the shop offered expertise then it is reasonable to be able to rely on it.

LilElvis

arcon5 wrote: »

No but if it did you would expect those instructions to be accurate.

When you buy a car they tell you what oil you can use in it, you don't expect to use the oil they said is okay for the engine to fail because it was too thick or thin for that particular engine.

If the shop offered expertise then it is reasonable to be able to rely on it.

Totally agree, but it doesn't appear that the seller has recordings (based on the posts) so there is no way that the customer can prove that they were advised to use a specified adhesive.

I was actually replying to the post asking whether a supplier was required to provide installation instructions for all possible uses of the product. I don't believe my post was inaccurate given the question asked.

System

The seller is responsible if and only if the customers assertion that they were told to use this particular adhesive is true. But here's the thing, some customers lie, to save face, or to make someone else pay for their error, or both

This is the relevant part of the SOGA.

Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known—
(a)to the seller, or
(b)where the purchase price or part of it is payable by instalments and the goods were previously sold by a credit-broker to the seller, to that credit-broker,any particular purpose for which the goods are being bought, there is an implied [F1term] that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the skill or judgment of the seller or credit-broker.

But this may not even apply if the customer bought the adhesive elsewhere.