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Fish tank damaged, help

Hi Guys and Gals


Am looking for a little advice.


Basically I recently purchased a fish tank at the cost of around £1000.00 from a online company I had used before. I was told upon delivery to inspect the tank for damage and if any was found to refuse delivery. Anyway no damage was found. A week later when I was able I put the thing together, filled it with water, put the fish in and sat back to admire my new tank. At this point I notice a funny mark on the glass, on closer inspection it appeared to be a chip to the inside of the glass and scratches, obviously I was annoyed and wrote to the people I bought the tank from. I explained the problem, they were very understanding. I said it was not possible for me to send the tank back due to have live stock in and no where else to put them . I explained they should send a new tank, I would do a swop and send the damaged one back. They told me they were meeting with the makers of this tank the next day and would be able to help me out.


Ok next day, no call as promised or email, so I email them for an update. They sent an email stating they were sorry for the problem and offered me £50.00 voucher to use on their site as compensation. Obviously this is not acceptable to me.


I have wrote back and explained the situation. I have made the offer to have the tank repaired but would require compensation of £250 cash or alternatively I brand new tank to be set for swop over. If they insist on a return I would require a refund first so that I could purchase an alternative.


So anyway, where do I stand? I think I'm being reasonable in my demends


Any advice good or bad would be appreciated


Thank you
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Comments

  • Forwandert
    Forwandert Posts: 1,211 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    They don't have to fulfil any of your requests. A company with excellent customer service may do as your requesting but they would be under no obligation too. You are entitled to a refund or repair nothing more or less.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If they sent out replacement tanks due to alleged damage without getting the old ones back first, then they would not be in business very long. It's up to you to inspect the goods before putting them into use, which you say you did.
    No free lunch, and no free laptop ;)
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Hi Guys and Gals


    Am looking for a little advice.


    Basically I recently purchased a fish tank at the cost of around £1000.00 from a online company I had used before. I was told upon delivery to inspect the tank for damage and if any was found to refuse delivery. Anyway no damage was found. A week later when I was able I put the thing together, filled it with water, put the fish in and sat back to admire my new tank. At this point I notice a funny mark on the glass, on closer inspection it appeared to be a chip to the inside of the glass and scratches, obviously I was annoyed and wrote to the people I bought the tank from. I explained the problem, they were very understanding. I said it was not possible for me to send the tank back due to have live stock in and no where else to put them . I explained they should send a new tank, I would do a swop and send the damaged one back. They told me they were meeting with the makers of this tank the next day and would be able to help me out.


    Ok next day, no call as promised or email, so I email them for an update. They sent an email stating they were sorry for the problem and offered me £50.00 voucher to use on their site as compensation. Obviously this is not acceptable to me.


    I have wrote back and explained the situation. I have made the offer to have the tank repaired but would require compensation of £250 cash or alternatively I brand new tank to be set for swop over. If they insist on a return I would require a refund first so that I could purchase an alternative.


    So anyway, where do I stand? I think I'm being reasonable in my demends


    Any advice good or bad would be appreciated


    Thank you
    Where you stand?
    You have up to 30 days from the date of delivery to reject the tank as not conforming to contract.

    The issue is complicated because you have filled the tank with water and fish. Some might say you are deemed to have accepted the goods by doing just that. I know hindsight is wonderful, but you would have been on much firmer ground had you found the fault before that.

    I believe you may be able to return the tank for a full refund, but bluntly, what you do with the fish while that happens really isn't the seller's problem.
    Probably best that you keep the seller on your side to avoid problems.

    I don't understand why you would like us to think that the £50 voucher is "obviously not acceptable".
  • lincroft1710
    lincroft1710 Posts: 19,388 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    How is it that you didn't notice the damage when assembling the tank?
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • pulliptears
    pulliptears Posts: 14,583 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Doesn't a tank have to stand for a few days before adding fish? Was this defect not noticed then?
    Is it not possible to turn the tank around so that the defect is at the back and not noticeable?
  • POPPYOSCAR
    POPPYOSCAR Posts: 14,902 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How is it that you didn't notice the damage when assembling the tank?


    Yes, if I had paid £1000 for something I would inspect it thoroughly.


    As you said you did not see it surely it is possible you did it yourself while assembling it?


    I think the company are being very reasonable in replacing it and do not think they should have to take into account the fish in it.
  • forgotmyname
    forgotmyname Posts: 33,059 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Doesn't a tank have to stand for a few days before adding fish? Was this defect not noticed then?
    Is it not possible to turn the tank around so that the defect is at the back and not noticeable?


    Yeah, after cleaning the tank with aquatic safe chemicals its best to rinse and flush it then install the filters etc and leave it running for a few days to gas off. Then prime the filters ready for the stock.
    Censorship Reigns Supreme in Troll City...

  • pulliptears
    pulliptears Posts: 14,583 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yeah, after cleaning the tank with aquatic safe chemicals its best to rinse and flush it then install the filters etc and leave it running for a few days to gas off. Then prime the filters ready for the stock.

    Thought so, been a long time since I've kept tropicals but I do recall leaving the tank for a week to cycle before adding fish.
  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    wealdroam wrote: »
    Where you stand?
    You have up to 30 days from the date of delivery to reject the tank as not conforming to contract.
    How much of this 30 day period do you still have?
    How quickly did they deliver the tank after you placed your order?

    My thinking is that you buy another tank from them.
    When it arrives, transfer the water and the fish to the new tank.
    Then send the old one back for a refund.
  • i used to keep tropical fish nice hobby but can be expensive. Anyway onto your post, what do you mean by put the thing together? how did you inspect the tank at point of delivery? am guessing you just looked rather than look and feel.
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