Brazilian Slate Honed Hearth with unslightly markings

dhep27

Hi,

After falling in love with a Brazilian Slate Honed Hearth in a local showroom, we decided to purchase one from a local stone manufacturer (where the showroom sourced it from). We stressed on the phone that we wanted to ensure it had no patterns in it (like the one in the show room) but they stressed that they couldn't guarantee that there wouldn't be 'some' variation. Unfortunately, to our disappointment the slate hearth has lots of unsightly marks which appear to be stains or water marks, as seen in the pictures below:-

i.imgur.com/iN9LsB4.jpg
i.imgur.com/kJ03Ts9.jpg
(Unfortunately as a new user I cannot post links/images yet)

Everyone we have spoken to agrees with us that this looks like water marks - not natural tone variation. We have asked the local stone manufacturer if they would let us exchange or get a refund but they are refusing to do this - stating that we warned about the natural tone variation. Unfortunately because this is honed, we have been told that there is nothing we can do to hide these marks.

Are there any slate experts online who can confirm if this is natural tone variation or water stains? The company stated on the phone they were using a new machine to cut this hearth - perhaps this is what caused the problem. We did not see the item before paying it (they insisted on payment before they cut and honed it), as we were happy with the recommendation from the local showroom. When we collected it the picked up an invoice stating us that they cannot accept refunds based on 'shade' variations - something we didn't know until we collected the hearth/invoice!

Where do we stand from a consumer rights angle? Are we entitled to a refund or exchange? Surely there is a threshold to 'natural' tone variation and there should be some quality control to what they produce.

Any help or advice would be greatly appreciated.

Cheers!

dhep27

The seller also stated that the appearance may change over the next few weeks (we bought it on Saturday 11th), is this true or is he trying to delay us so we cannot act on our Consumer Rights?

Davesnave

The marks look like natural variations to me. I don't understand what you mean by water staining. Some slate can look quite rusty, but it took millions of years to get that way. It's a variable product.

Until slate is cut and honed, it's hard for anyone to know exactly what it will look like, so the terms and conditions on your receipt are pretty standard. From the stone company's POV, cutting slate to have pieces regularly rejected by the consumer would push up costs, but that said, some companies are more accommodating than others.

We were very unlucky. Unlike yours, our hearth was ordered in two pieces, which matched perfectly until the smaller one de-laminated and split horizontally along the bedding planes. This was nobody's fault, but we stressed that we wanted the replacement to come from the same batch to minimise the chance of variation. The Neandethal who dealt with this probably took no notice, or hadn't a clue about the batching, but we ended -up with two totally unmatching bits. There was a lot of argument, but the owner wouldn't even test a piece, or go 50:50 financially on the cost of a second try....it was back to the T&C.

I know a brick wall when I see one. I stuck our pieces on eBay and went to North Devon (we're in Mid Devon) to get a hearth.There, we were advised that honed and polished slate is a lousy choice for a hearth as it scratches so easily. They made a hearth for us in green slate which has stood the test of time. Not only that but they built it up around the edges so it looks deeper than it is, but cost less than our original.


We found the T&C a huge obstacle to claiming consumer rights in our situation, but we paid a deposit, so had sight of them from the start. If you had nothing, then you might have an argument; I really don't know. However, the facts are that you entered a contract to purchase a natural product and this was supplied.

dhep27

Thank you for your response. We just think it looks like water has been dropped on the slate (at the point of cutting/honing) and therefore stained it - this is just a theory, I am not a slate or stone expert. Everyone we have spoken to (including our stove installer) have said it looks like this.

We don't feel like we were warned enough about the potential patterns - we stated on the phone that we didn't want patterns (they did admittedly warn us there was a risk of 'some') however we believe this was the wrong product for us and should have been told this. So we believe were mis-sold or ill-advised on this basis. Do you think we have any leverage from this angle?

Davesnave

I think you would need an expert opinion to get anywhere with this.

The mottled effect is similar to markings I've seen on cut slate, but how typical they are I can't say. If you took this to small claims, the judge wouldn't know if it was a perfectly natural phenomenon either.

If as you say, you ordered on the phone, how could you prove any kind of due diligence in gaining an understanding of what you could expect?


Sorry this isn't maybe what you want to hear, but I have to play devil's advocate to fulfil a useful role here.

rach_k

This may be a ridiculous suggestion given that you've spoken to lots of people about it so feel free to laugh but have you tried oil? Ours gets things splashed on it regularly (dining room + kids) but rubbing a bit of vegetable oil into it with a soft cloth removes the marks.

It does change the appearance, from dusty grey like in the picture to black with a sheen so don't try it if that isn't what you want and I'd not try it on the front!

dhep27

Thank you rach_k but the patterns are basically trapped in the slate (after it was honed).. so any oil effectively wipes off

Davesnave

Slate often has patterns in it. It's an inherent feature of the material. No one can tell exactly what they'll be like when it's cut, though if parts are taken from the same piece, they have a good chance of being similar.


This was the pattern on my original hearth, which wasn't matched by the back piece, with no pattern and a different shade.

It should be possible to get the general colour right. The second company I used was able to show me the colour I'd receive and guarantee the two parts would be similar in that respect.

dhep27

Thank you again. Now that's a beautiful hearth, we wouldn't mind one with a pattern like that! Our hearth's pattern just looks like dodgy stains.. Nevermind. Lessons learnt and all

the_lunatic_is_in_my_head

I guess the one in the showroom looked perfect, shame you didn't order in the show room as you might have some leverage.

The marks may be natural but they don't look it which I find off putting and wouldn't be happy with the piece either.

Does the stone manufacture have a Facebook page, if so you could post a picture of what you've received, might encourage them to help you.

troffasky

I guess it's all subjective. I quite like the pattern in your picture [sorry, not an offer to take it off your hands, I have no use for one].