Shower Tray cracked - lifetime warranty

Ejog

spadoosh wrote: »

Sorry i was refering to the previous posters suggestion to take them to court without any idea on whose liable. It could be the manufacture, it could just as easily be the fitter. Do not send a letter before action until you are more clued up on whose liable.

I think I'll wait to see what their initial reaction is before I do anything, but I dont want to wait indefinitely.
I could just go ahead with an insurance claim but I'm reluctant to do that yet.

macman

spadoosh wrote: »

Ok, so you pay for that and go to court. What do you do when the respondent supplies evidence it isnt their fault?

If that evidence is accepted, then you lose your case. The judge will listen to the evidence put forward by both parties and decide.
As mentioned above, you need to find out exactly what the warranty covers. I very much doubt that it covers labour and materials: simply supply of a replacement tray.
28 days would be a reasonable period to get a response, after that send an LBA giving them 14 days to provide a remedy.
PS: asking your fitters is not going to produce a response other than saying that they followed the install instructions to the letter. At some point the tray and install will need inspecting.
Your contract is with the retailer, but if you want to claim under the warranty, then you claim direct from the manufacturer. Doing this via the retailer, even if they've offered, is just going to delay things.
I'd be interested to know what is under the tiled floor. Is it a solid concrete floor, or a suspended wooden floor? If the latter, it may have failed due to the combined loading of the tiling, tray-and user.

Ejog

macman wrote: »

If that evidence is accepted, then you lose your case. The judge will listen to the evidence put forward by both parties and decide.
As mentioned above, you need to find out exactly what the warranty covers. I very much doubt that it covers labour and materials: simply supply of a replacement tray.
28 days would be a reasonable period to get a response, after that send an LBA giving them 14 days to provide a remedy.
PS: asking your fitters is not going to produce a response other than saying that they followed the install instructions to the letter. At some point the tray and install will need inspecting.
Your contract is with the retailer, but if you want to claim under the warranty, then you claim direct from the manufacturer. Doing this via the retailer, even if they've offered, is just going to delay things.
I'd be interested to know what is under the tiled floor. Is it a solid concrete floor, or a suspended wooden floor? If the latter, it may have failed due to the combined loading of the tiling, tray-and user.

It's a suspended wooden floor with sheets of marine ply on top in a house thats about 18 years old.
I know this is going to be a pain to resolve, and end up being batted between the fitter and the manufacturer. I'm hoping that previous failures by the manufacturer are going to carry some goodwill as compensation, but that may be optimistic.

Furts

Ejog wrote: »

Fair comment.
I'm not sure whats covered in the warranty, I only realised it had one when I checked the manufacturers website.
This was actually the 4th tray received by the vendor, as the first 3 were all damaged on arrival and rejected. All 4 trays were sent direct from the manufacturer.
If they claim that their product is well made and sturdy enough to do the job, then I do have a long correspondance trail to show otherwise.

Alarm bells are ringing here. You rejected three trays, then accepted the fourth. One has to ask why you persisted with your choice here. Common sense dictates you would have told the manufacturer to go f--k themselves.

Further, having named and shamed, you backed off when the manufacturer blackmailed you. Your duty to fellow consumers was to keep the post in place, but then add an update explaining what had subsequently been agreed.

If you end up in Court the Judge will be a person of enormous common sense and worldly wise experience. Expect my observations to be raised and expect an awkward situation.

Ejog

Furts wrote: »

Alarm bells are ringing here. You rejected three trays, then accepted the fourth. One has to ask why you persisted with your choice here. Common sense dictates you would have told the manufacturer to go f--k themselves.

Further, having named and shamed, you backed off when the manufacturer blackmailed you. Your duty to fellow consumers was to keep the post in place, but then add an update explaining what had subsequently been agreed.

If you end up in Court the Judge will be a person of enormous common sense and worldly wise experience. Expect my observations to be raised and expect an awkward situation.

I should have explained better, my mistake.
The previous problems were caused by inadequate packing, rather than something inherantly wrong with the trays. It does show that they are brittle if rattled around, and also perhaps that the manufacturer is not beyond screwing up... 3 times in a row, and possibly 4.
It is a very reputable company (as far as i can tell), and the owner was extremely apologetic and responded immediately to have a new tray delivered 250 miles away within 6 hours.

andyhop

Stone resin trays don't just crack, I'd say the tray isn't sat on a bed of flexible adhesive.

I've seen many on silicone, expanding foam , gripfil. Even sand and cement ain't great as it cracks very easily

Without even seeing it I'd be confident in saying this a install issue .

Warwick_Hunt

Ejog wrote: »

I should have explained better, my mistake.
The previous problems were caused by inadequate packing, rather than something inherantly wrong with the trays. It does show that they are brittle if rattled around, and also perhaps that the manufacturer is not beyond screwing up... 3 times in a row, and possibly 4.
It is a very reputable company (as far as i can tell), and the owner was extremely apologetic and responded immediately to have a new tray delivered 250 miles away within 6 hours.

So they broke in transit due to not being secure. As andyhop has already said, my bet there's been some movement causing it to crack. Do you know how they installed it?

Ejog

andyhop wrote: »

Stone resin trays don't just crack, I'd say the tray isn't sat on a bed of flexible adhesive.

I've seen many on silicone, expanding foam , gripfil. Even sand and cement ain't great as it cracks very easily

Without even seeing it I'd be confident in saying this a install issue .

Could be, but after 3 failed attempts by the manufacturer to deliver a stone resin tray in one piece, I'm slightly sceptical of the phrase "stone resin trays don't just crack"
3 out of 4 did... and now the 4th has too, I'm sure you can understand my scepticism.

Ejog

Warwick_Hunt wrote: »

So they broke in transit due to not being secure. As andyhop has already said, my bet there's been some movement causing it to crack. Do you know how they installed it?

No, I don't.
I was out of the country while they did the work because of the delay caused by multiple failed deliveries. The fitters were good, I've known them for many years and they've never done a bad job on anything before.
I can't be certain though, it's possible that it is a fitting issue, I just need to decide on the best way forward.

andyhop

Stone trays don't crack unless they are dropped or have something dropped on them . Had a fault been caused by delivery the crack would have shown on fitting