Better Bathrooms refusal to honour guarantee

Phaver71

Can anyone help or advise please?
I bought (along with other items totalling nearly £2000) a hydrotherapy bath from Better Bathrooms. The bath alone cost almost £900. It's just over two years since it was bought and installed and it has cracked. As I am the only person who uses it I can categorically say that nothing has fallen or been dropped into the bath to cause the crack. I have sent one photo of the crack and from that they and the manufacturers have both decided it has been caused by an impact and flatly refuse to do anything under the guarantee. It's my word against theirs. I expected this response from them to be honest but I am not backing down because I know this isn't my fault. Is it worth going through small claims court? What do I do?

Greta_Sharbo

When you have a guarantee you are bound by the terms and conditions. What do these say happens when you report a fault?


The alternative to claiming under the guarantee is to use your statutory rights - given to you by law.

The Consumer Rights Act 2015 which says that goods need to be of satisfactory quality - which includes them being durable.

Due to the length of time since purchase (more than 6 months) you need to be able to prove that there is an inherent fault. If you cant prove it, they dont have to do anything. If you can prove it you can ask them to repair or replace at their cost. (they can choose which of repair/replace they offer)

You say its faulty - they say it isn't - the law says you need to prove it first

good luck

stuartJo1989

Depends what the specifics say in the "guarantee" you have with them....

Looking at the website I can see (https://www.betterbathrooms.com/register-guarantee-terms-and-conditions):

1.2 Baths and Stone Resin Shower Trays - limited to the Acrylic main product body, essential components (including leg sets and acrylic panels whether essential or optional at time of purchase) and substrate backing materials.

Does the damage correspond to the limitations as above?

Also, did you register the guarantee? And are you the "First owner"?

OR, let me re-phrase it.... What is their reasoning behind refusing a resolution?

Phaver71

If you cant prove it, they dont have to do anything.

This is why I said it's my word against theirs. How is it ever going to be possible to prove that there is an inherant fault. Even if there is such a thing as an independent bath expert, the opinion of that person is still only an opinion, not proof.

Does the damage correspond to the limitations as above?

Also, did you register the guarantee? And are you the "First owner"?

OR, let me re-phrase it.... What is their reasoning behind refusing a resolution?

The damage is in the acrylic, I registered the guarantee, and I bought and had the bath installed. The reason they refuse to do anything is because in their and the manufacturers opinion the crack has been cause by an impact which simply isn't true.

marliepanda

Phaver71 wrote: »

This is why I said it's my word against theirs. How is it ever going to be possible to prove that there is an inherant fault. Even if there is such a thing as an independent bath expert, the opinion of that person is still only an opinion, not proof.



The damage is in the acrylic, I registered the guarantee, and I bought and had the bath installed. The reason they refuse to do anything is because in their and the manufacturers opinion the crack has been cause by an impact which simply isn't true.

Nothing has ever been knocked off the side into the bath? A heavy bottle of shampoo? a hunk of soap? A bottle of wine, a cup of tea, a heavcy shaver, a tumbler that holds your toothbrush, the shower head?

A guarantee is above your statutory rights. If you are a million percent sure that no impact has ever happened, pay for a report which will be able to show a fault, such as a thinner section of acrylic on that spot, or a manufacturing fault leading to it being overly brittle.

Its lasted 2 years though, which of course makes the chance of it being inherently faulty less likely than if it cracked on day 4, but its possible.

Greta_Sharbo

Well yes but if you have a report from a professional in that field that says "in our opinion it is an inherent fault" or "in our opinion its more likely than not to be an inherent fault" ....
(you dont need definitive proof just balance of probabilities)

and all they've got is "we've looked at a photo and we aren't going to help" ...

surely you see that you are in a stronger position

IAmWales

marliepanda wrote: »

Nothing has ever been knocked off the side into the bath? A heavy bottle of shampoo? a hunk of soap?

Or a soapy hunk?

marliepanda

IAmWales wrote: »

Or a soapy hunk?

Don’t be so immature.

Soapy hunk damage is clearly covered by the warranty. It has its own subsection. Or should that be ‘suds-ection’

I’ll see myself out.

stuartJo1989

Phaver71 wrote: »

The damage is in the acrylic, I registered the guarantee, and I bought and had the bath installed. The reason they refuse to do anything is because in their and the manufacturers opinion the crack has been cause by an impact which simply isn't true.

I admittedly have little clue here, but having read the "guarantee" in my post I can't seem to find any such exclusion? It simply states that the "guarantee" is "limited to the Acrylic main product body" and does not mention exclusions in relation to the CAUSE of said damage?