Fish tank damaged, help

NotRichAtAll

pulliptears wrote: »

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.

its also for good bacteria to build up in the water and for ph levels to get where you need them

wealdroam

JimmyTheWig wrote: »

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.

Hmmm... that does need another £1000.00 outlay though.

JimmyTheWig

wealdroam wrote: »

Hmmm... that does need another £1000.00 outlay though.

If the OP has space on a credit card, hopefully the refund will come in before the bill is due.

ballyclover

Hi, thank you for the replies, please allow me to correct and answer a few of the questions asked.


A fish tank must be cycled this is correct, unless you are transferring water and filters from the old tank, in which case there is no need and fish can be introduced straight away.


I had a tank which had sprung a leak, which is why I bought a new one, the old one had a temp fix but was not intended at a permanent repair, so the change over was done as soon as possible and old tank was disposed off.


Ok, when the tank came I was asked to inspect for signs of breakage, this is what I did and the glass was intact. The base unit for the tank is separate and this is what I put together then lifted the tank onto the stand, filled with water for 2 nights to check for leaks,but only to 3/4 of the level as this was enough to check for leaks, drained and the swop took place.


It was once the tank was filled to the correct level and back ground added that the chip and scratches in the upper part of the tank became apparent, you cannot see these unless there is water in the tank, as the water highlights any imperfections.


It was not possible to identify this problem prior to filling completely, it would have been a needle in a haystack


The old tank was disposed of as it appeared the new one was fine, on the tests I had carried out and it has began to break down again. Yes I know should have filled it up right to the top and maybe I would have noticed the problem, but I didn't expect this. In no way was it damaged by me as the tank was not touched other than to lift it in place.


I am fully aware the this company have no duty to me over the fish in the tank, I was purely asking them to consider this over any action. I have not said I would not return the tank, this option has not been offered, they did offer me £50 of vocuhers to spend on their web site, which are of no use to me.


I know my rights are for refund or repair, but none are being offered as they say it was not inspected correctly.

pulliptears

I did ask above, but can the tank not be turned so that the defect is at the back?

JimmyTheWig

OP, I'm a little confused.
Is the company saying that you can return the damaged tank for a full refund?
And is your only problem with doing that the question of what to do with your fish in the meantime?

ballyclover

Hi, no they are not making that offer at all regardless of the fish. I asked them if we could arrange a return on the bases they could allow me to do an exchange and keep damaged tank until the replacement was received, I know they don't have to do this.


However they are now not offering any replacement or refund regardless of fish, they are only making an offer of £50 voucher as they say I should have reported the damage on delivery and not accepted....




I cannot turn the tank around as the back has cut outs in

JimmyTheWig

This doesn't sound reasonable of them to me.
How did you pay?

ballyclover

debit card

unholyangel

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf

OP have a read of that - specifically the sections titled "time limit on claims" and "exclusion of liability for faulty or misdescribed goods".


The guidance was written at a time the SoGA was in force, so when it makes reference to a reasonable time, substitute this for 30 days as the consumer rights act applies to any sales entered into on or after the 1st October 2015 (assuming you made your purchase after this date). Furthermore, the act states:

(2)An agreement under which the short-term right to reject would be lost before the time limit passes is not binding on the consumer.

Meaning you can't sign away your short term right to reject by agreeing to T&C's or signing a waiver on delivery.