Faulty toilet pan: supplier refusing to pay fitting costs

rk_

Hi,

The company in question supplied my bathroom suite and it was fitted by a builder friend and a plumber he has worked with for years. After completion I have had a problem with sewer gas venting into the bathroom.

This took a couple of weeks to work out the cause, complicated by being in a flat with a shared waste stack, but it has been confirmed its due to a crack internally in the toilet pan. During this time I kept the showroom informed and had asked them for advice. They were quite helpful, but it required a good degree of detective work. They have now agreed to replace the pan.

However, having today spoken to their customer services line today I was informed that the terms of sale I had agreed to would not cover the cost of refitting the replacement toilet pan. They did offer to refund £50 off my bill as a good will gesture.

I was under the impression that terms of sale could not override the Consumer Rights Act, which I understand requires the supplier to pay reasonable refitting costs. I told them this and they said they would pass it on to the Director to see if they would pay the full cost of repair, then get back to me Monday.

My feeling is they are trying it on and will probably roll over now pushed, but just wanted to check my understanding before I speak to them again.

Thanks in advance for any help.

Hasbeen

rk_ wrote: »

Hi,

The company in question supplied my bathroom suite and it was fitted by a builder friend and a plumber he has worked with for years. After completion I have had a problem with sewer gas venting into the bathroom.

This took a couple of weeks to work out the cause, complicated by being in a flat with a shared waste stack, but it has been confirmed its due to a crack internally in the toilet pan. During this time I kept the showroom informed and had asked them for advice. They were quite helpful, but it required a good degree of detective work. They have now agreed to replace the pan.

However, having today spoken to their customer services line today I was informed that the terms of sale I had agreed to would not cover the cost of refitting the replacement toilet pan. They did offer to refund £50 off my bill as a good will gesture.

I was under the impression that terms of sale could not override the Consumer Rights Act, which I understand requires the supplier to pay reasonable refitting costs. I told them this and they said they would pass it on to the Director to see if they would pay the full cost of repair, then get back to me Monday.

My feeling is they are trying it on and will probably roll over now pushed, but just wanted to check my understanding before I speak to them again.

Thanks in advance for any help.

http://www.legislation.gov.uk/ukpga/2015/15/section/23

You can also take the £50 and fit it your self free or pay the plumber. Its a simple job.

rk_

I had considered doing it myself. Just me being overly cautious and also just needing it finished makes my want to use a plumber.
Thanks for posting the relevant section.

I assume part 2 of the act (61. 4. b) shows that I cannot have inadvertently signed any rights away. (cant post links as new user)

SuperHan

Did you buy the toilet pan, or did the builder who fitted it buy it on your behalf and you then paid him?

rk_

Purchased it all myself.

societys_child

was fitted by a builder friend and a plumber he has worked with for years

Won't one of them fit at mates rates? It's not a big job.

rk_

Sure, however the plumber would have an hour round trip plus the time to remove, clean up the old one(to be returned) and install the new one. I don't feel he should have to bear the cost/time.

If i'm not entitled to the costs then I will muddle through or pay to get it done.

societys_child

Surely, you could clean it up, and I did say mates rates . .


Does your builder live miles away as well?