Defective Toilet - who is liable for replacement cost?

ses6jwg

Bought a toilet from a builders merchant and had it fitted by a local tradesman.


Immediately after fitting, it became apparent that the toilet had a hairline fracture which I assume happened during either delivery by the merchants or more likely (I've been told) during the firing process.


This only became apparent with water running through it and is hardly visible to the naked eye.


A replacement toilet was supplied by the builders merchant, however I then had to get the toilet refitted at a cost of £100.


Merchants are being unhelpful saying cost of replacement was excessive (which.co.uk says average cost of removal and refit of toilet is £115) and keep saying they will provide me with the details of the toilet manufacturer and to take it up with them (basically washing their hands of responsibility). That was 7 weeks ago and still not been received.


Can anyone tell me who is liable, if anyone, and point me to any legislation supporting this?

unholyangel

Who is liable depends.

If (for example) the fitter caused the crack and you organised the fitter yourself (rather than you contracting the retailer to provide a fitting service) then its the fitter who is liable.

m0bov

Since the supplier has replaced it, I would then claim for consequential loses via CRA. Sent a letter before action with the invoice/receipt for the fitter. After 7 days login to moneyclaims and start your claim. Let us know how you get on.

tomtontom

Was this a consumer transaction or a business one? If the latter the contract *may* limit their liability for consequential loss - do you still have the paperwork?

ses6jwg

tomtontom wrote: »

Was this a consumer transaction or a business one? If the latter the contract *may* limit their liability for consequential loss - do you still have the paperwork?

Consumer. Yes. I've provided a copy of invoice for cost of refitting new toilet.