Faulty carpet - Fitting costs

kingborris

Hi,

I've recently had a bedroom fitted with new carpet. I bought the carpet online had it fitted by a local independent.

A coup;le of days after I noticed a fault with the carpet (a line of pile missing). I have reported this to the original vendor, who after some to and fro have agreed either a 40% refund or to replace the carpet with a new one (the manufacturer has agreed there is an issue).

The problem is they are refusing to pay for uplift of the old fault carpet or the fitting of the new one. So if i go ahead with the replacement i'll be out of pocket by £60.

Do they have any obligation to pay for the uplift andf re-fitting? or am i doomed to be light in the wallet by trhe end of this?

Cheers.

tacpot12

I would expect the terms and conditions of the retailer would indicate if they will pay for a consequential loss like this. I expect it won't be covered and for the small sum involved, it might be easiest to just accept that you win some and lose some.

If the £60 is the original cost of fitting the carpet and this included door bars and gripper rods, the refit might be a bit cheaper. If your fitter has already told you that this is his price to refit, you will be £60 out of pocket.

bris

If they have admitted blame then they are liable for any consequential losses, getting them to pay them is a different matter.


If they don't play ball then you need to let it run it's course, add up what the losses are and take them to the small claims court.

shaun_from_Africa

If you have another room that the faulty carpet will fit without the defect being too obvious, have you considered asking the seller if they will allow you to keep it as compensation for the extra costs incurred by you?

Mr_Poves

I'm a supplier / installer , this is how it works I'm afraid , whenever we get a warranty it only covers a replacement value , no install and uplift charges .
This is why it pays to get the carpet from a local independant retailer rather than saving a few quid online , as you only have one throat to choke then if something goes wrong .
The seller will not warranty install , and the installer will not warranty the carpet , lesson in life here .

unholyangel

Mr_Poves wrote: »

I'm a supplier / installer , this is how it works I'm afraid , whenever we get a warranty it only covers a replacement value , no install and uplift charges .
This is why it pays to get the carpet from a local independant retailer rather than saving a few quid online , as you only have one throat to choke then if something goes wrong .
The seller will not warranty install , and the installer will not warranty the carpet , lesson in life here .

This isn't about warranty on the install though. When the other party breach the contract, they are liable for reasonable losses incurred as a result of their breach - that is, losses you wouldn't have had to pay had the goods conformed to contract (ie paying for a carpet fitter for the replacement carpet).

Its not even consequential loss, its direct loss because carpets dont sit rolled up in a room, they are fitted. Therefore fitting costs are not special circumstances/outwith the ordinary course.

ETA:

(2)If the consumer requires the trader to repair or replace the goods, the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer, and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

And the explanatory notes even say:

132.This section details a consumer’s right to insist on repair or replacement of faulty goods, the cost of which must be borne by the trader. This includes the trader bearing any costs involved in the removal of an installed item and reinstallation of a replacement. A replacement would usually need to be identical, that is of the same make and model and if the goods were bought new then the replacement would need to be new.

fleshandbone

Thank you op I 100% agree with everything you say and I wish you well.

Mr_Poves

unholyangel wrote: »

This isn't about warranty on the install though. When the other party breach the contract, they are liable for reasonable losses incurred as a result of their breach - that is, losses you wouldn't have had to pay had the goods conformed to contract (ie paying for a carpet fitter for the replacement carpet).

Its not even consequential loss, its direct loss because carpets dont sit rolled up in a room, they are fitted. Therefore fitting costs are not special circumstances/outwith the ordinary course.

ETA:


And the explanatory notes even say:

Will they not just say the fitter should have checked it before cutting it ? the rule with all my suppliers is , you cut it , you own it , simple as .

Mr_Poves

I do appreciate the predicament , but I think the small profit margins these online sellers have dictate how flexible with returns and warranty they will be , and in my experience there will be 2 hopes of getting fitting costs refunded , and one of them is bob hope the other is ...... you guessed it .

shaun_from_Africa

Mr_Poves wrote: »

Will they not just say the fitter should have checked it before cutting it ? the rule with all my suppliers is , you cut it , you own it , simple as .

The terms of the contracts between you and your suppliers can state that as those contracts are business to business.
However, business to consumer contracts are covered by the Consumer rights act and this is statutory legislation which can't be over ruled by anything written into a contract that you have with your customers and as already shown by unholyangel, the costs incurred in removing and refitting the carpet are the responsibility of the supplier.

kingborris

Thanks everyone. Sounds like they have an obligation to cover the fitting . Now I just have to persuade them is in their best interest to pay up!