What are my rights with faulty goods out of warranty?

Denise_Dunham

In January 2014, I purchased on line a free standing slipper bath for £299.95, for our quest bathroom, along with other items. from Victorian Plumbing. The bath has been used approx 4 times. I noticed on wiping it down that on one corner on the bottom of the bath, the plastic coating is coming away from the metal frame and is raised and bubbled. There has been no chemical's used in cleaning the bath to cause this.

I emailed Victorian plumbing in November 2015 to advise of the above and provided images of the fault, as they requested.
I have received a number of emails from them advising that they had forwarded the images on to the manufacturer for their comments.

I have now received the following email from them.

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Feb 5, 13:43
Hi Denise,

As discussed the bath was purchased 2 years ago with the fault only being noticed until recently, that being the case along with the supplier discontinuing that range and furthermore no longer being under warranty we are unable to assist you.

Although I understand your frustration on this matter please understand that any warranty is void once deemed suitable and used no matter how many times. I apologise for the inconvenience it may have caused but we must adhere to our returns policy.

Kind Regards,
Chris

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Please can anyone advise, as surely if this was the case, would they not have stated this fact following my initial email to them. Would I not have rights under the Sale of goods act 1979? Or can something be done because faulty materials or manufacturing methods have been used?

Thanks in advance for any help offered

Denise
.

wealdroam

Denise_Dunham wrote: »

In January 2014, I purchased on line a free standing slipper bath for £299.95, for our quest bathroom, along with other items. from Victorian Plumbing. The bath has been used approx 4 times. I noticed on wiping it down that on one corner on the bottom of the bath, the plastic coating is coming away from the metal frame and is raised and bubbled. There has been no chemical's used in cleaning the bath to cause this.

I emailed Victorian plumbing in November 2015 to advise of the above and provided images of the fault, as they requested.
I have received a number of emails from them advising that they had forwarded the images on to the manufacturer for their comments.

I have now received the following email from them.

---

Feb 5, 13:43
Hi Denise,

As discussed the bath was purchased 2 years ago with the fault only being noticed until recently, that being the case along with the supplier discontinuing that range and furthermore no longer being under warranty we are unable to assist you.

Although I understand your frustration on this matter please understand that any warranty is void once deemed suitable and used no matter how many times. I apologise for the inconvenience it may have caused but we must adhere to our returns policy.

Kind Regards,
Chris

---

Please can anyone advise, as surely if this was the case, would they not have stated this fact following my initial email to them. Would I not have rights under the Sale of goods act 1979? Or can something be done because faulty materials or manufacturing methods have been used?

Thanks in advance for any help offered

Denise
.

You do have rights under The Sale of Goods Act, and it strikes me as quite ridiculous for them to suggest that the warranty becomes void once the goods are accepted.

Back to SoGA:
You have a right to seek a remedy under SoGA for upto six years following the sale.
After six months you may need to prove that the problem is due to an inherent fault. An inherent fault is one that was present at the time of sale but not necessarily apparent at that time.

You will need to get an independent report stating that the problem is not due to misuse, carelessness, etc, i.e. the fault is inherent.

To me, it sounds like possibly the frame has been painted/enamelled over poorly prepared base.
Maybe corrosion was present before the painting/coating was applied, but that would be for the independent report to uncover.

Denise_Dunham

Many thanks for your advice. I now feel more confident with going forward with this.

Please can you advise who should provide the independent report. Would a plumber qualify?.

Leo2020

Not sure a plumber would be qualified for this. Maybe someone who actually supplies or makes baths?

Have had a quick Google, they are people who repair chips on baths so maybe they could advise?