Who is responsible, retailer or fitter?

Incredulous

The plumber who undertook our cloakroom refurb. asked us to pay the retailer direct for the basin, toilet and glass fronted cabinet. This we did and it is the retailer’s name that appears on the statement, not the fitter’s. The cabinet has developed a fault, and the retailer tried to wriggle out of responsibility by first saying it is the manufacturer’s responsibility, and when we refuted that, he said it was the fitter’s legal responsibility as the retailer claims their contract is with the fitter!

To quote the retailer.

“I wish to highlight once again that our sales contract is with [the fitter]. You in turn are his customer and therefore our contract is not with yourselves. He often instructs his customers to make a payment against his account to us, but our sales invoice is with [the fitter]. Legally he is our customer in this transaction and this is our final stance on that matter.”

Our understanding is that our contract is with the retailer as that is who we paid directly, as per our credit card statement.

Our credit card provider has said their contract is with the retailer, so we could make a section 75 claim, but meanwhile, we are still fighting it out with the retailer and, section 75 apart, we wondered who our contract is with and therefore who is legally responsible: the retailer or the fitter?

waamo

It sounds like they are claiming you used the fitters account to purchase the goods. You say in the opening you paid them directly.

Assuming you did pay them directly and not use the fitters account I don't see what it has to do with the fitter at all.

a.turner

What has the fitter said?

BoGoF

Who was the invoice made out to?

bris

Just complete the S75 claim. If they agree the retailer is their customer then its the easiest route.

Incredulous

Not contacted the fitter. Don’t want to muddy the water. Plus we need to be sure he is legally responsible, if, indeed, he is, before tackling him, or he will just play us off against the retailer!

As for the invoice, it was made out by the fitter, who addressed it to us, but he told us to telephone the retailer and pay them direct, which is what we did and hence it is the retailer’s name on the credit card statement. So it is a tricky one.

Re Section 75, yes, that is probably the best way to go, but would like to know where we stand.

Interestingly the retailer was happy to deal with our problem and liaised with the manufacturers, until we pointed out that our contract was with him, the retailer, not the manufacturer (who was being difficult about the terms of the guarantee!) Only then did he say that it was the fitter’s responsibility!

a.turner

Incredulous wrote: »

Not contacted the fitter. Don’t want to muddy the water. Plus we need to be sure he is legally responsible, if, indeed, he is, before tackling him, or he will just play us off against the retailer!

As for the invoice, it was made out by the fitter, who addressed it to us, but he told us to telephone the retailer and pay them direct, which is what we did and hence it is the retailer’s name on the credit card statement. So it is a tricky one.

Re Section 75, yes, that is probably the best way to go, but would like to know where we stand.

Interestingly the retailer was happy to deal with our problem and liaised with the manufacturers, until we pointed out that our contract was with him, the retailer, not the manufacturer (who was being difficult about the terms of the guarantee!) Only then did he say that it was the fitter’s responsibility!

If the item is faulty and the fitter is the "customer" then maybe the shop will exchange it for him.

BoGoF

Is the retailer a trade only place where joe public cannot buy direct?

Incredulous

I can’t see the retailer being anymore responsive to the fitter, sadly. He is clearly trying to avoid everything and I suspect he knows the fitter won’t try it on with him, as the fitter clearly has a relationship with the retailer and wants to maintain it. His wife works there!

The retailer has a showroom for the public and and sells to the public.