Faulty Fence Panels

cattermole

Hi

Helping neighbour resolve a problem with her fence panels, she purchased them from a local building supplier ( not cheap ones either £30 a panel.) She paid someone else to install them etc.

The first time it rained the nails used ran and there are very prounced black streaks all over them. Staining the colour she wants doesn't cover it.

The company concerned is giving her the real run around, she's agreed to a site visit for inspection with a view to replacement but they don't call back. Anyway done letter for her and just wanted to check as she paid a separate contractor to install them. Is the fence supplier liable for the costs of reinstalling them or arranging to do reinstalling with their own staff when they are replaced?

Thanks.

JJ_Egan

Who supplied the nails as these are the fault .

bod1467

As per above ...

If the fence panel supplier also supplied the fixings, then they are who you pursue.

If the fence installer supplied the fixings, then they are who you pursue.

wealdroam

cattermole wrote: »

Is the fence supplier liable for the costs of reinstalling them or arranging to do reinstalling with their own staff when they are replaced?

If the problem nails are those that hold the fence panel together, i.e. part of the supplied fence panel, then the panel supplier is responsible for those costs you mention.

From Section 48B of The Sale of Goods Act:

48B Repair or replacement of the goods

(2) If the buyer requires the seller to repair or replace the goods, the seller must—
...
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

That assumes the fence panel is indeed inherently faulty.

foxtrotoscar_2

Nails 'running' the first time it rained sounds decidedly odd to me.

cattermole

wealdroam wrote: »

If the problem nails are those that hold the fence panel together, i.e. part of the supplied fence panel, then the panel supplier is responsible for those costs you mention.

From Section 48B of The Sale of Goods Act:

That assumes the fence panel is indeed inherently faulty.

Thanks very much that is the answer I needed and info. The nails are in the fence panels original construction/manufacture, nothing to do with installation as they drop into concrete posts, she needed two strong guys to put the panels in and make some adjustments etc.

Other answers from other posters are incorrect as far as I understand it the manufacturers of the fence panels i.e. wrong nails etc. are nothing to do with the Contract of Sale between my neighbor and the Building Supply Company she bought them from as complete panels. It is up to them to take up any manufacturing issues with their supplier, nothing to do with her?

Her Contract of Sale is with the Company she bought them from.

wealdroam

cattermole wrote: »

Other answers from other posters are incorrect as far as I understand it the manufacturers of the fence panels i.e. wrong nails etc. are nothing to do with the Contract of Sale between my neighbor and the Building Supply Company she bought them from as complete panels. It is up to them to take up any manufacturing issues with their supplier, nothing to do with her?

I can see nothing wrong with the answers of the other posters.

Your original post was less clear than it might have been, leading to questions.

No-one has mentioned the manufacturer.

cattermole

wealdroam wrote: »

I can see nothing wrong with the answers of the other posters.

Your original post was less clear than it might have been, leading to questions.

No-one has mentioned the manufacturer.

No offence intended maybe it wasn't clear but a fence "panel" is a complete item in my book.

The nails in said fence panel are probably faulty or wrong ones used but they are already in a fence panel when you buy it.

No mention was made of "construction" of fencing/panels.

Anyway no harm done, thanks again for the answer I needed re "Labour costs".

wrightk

cattermole wrote: »

The nails in said fence panel are probably faulty or wrong ones used but they are already in a fence panel when you buy it.

they have obviously not used galvanised nails in construction process.dissappointing really considering the cost of the panels vs how cheap it is to actually construct one.

inherently faulty and not fit for purpose.nails streaking means they are reacting with air and the rusting process has begun

Hintza

Black rust marks?

cattermole

Thats not what he said or how I read it, he said the "rusting" process had begun.

So the metal it's self has reacted with the air and this is the metal that has broken down streaking down the panels, the next stage will be full rusting.