Faulty "Supply only" window units - who pays for re-fitting

elstevo42

Hi everyone,

Around March 2019, we bought a number of windows and doors, direct from a manufacturer, which were then fitted by our own appointed window fitter. As the angle of the sun changed going into winter, we noticed that a number of the units contained streaks that could not be removed. We contacted the manufacturer and, after some discussion and providing evidence, they agreed this was a manufacturing fault and agreed to replace the units. This was in January. It has taken a number of emails to confirm that the units are actually being replaced (due to be delivered 24th March), however, the manufacturer has said that they are not obliged to cover the cost of having the replacements fitted, as they were "supply only".

My question is, is the manufacturer responsible for this cost (and the not insignificant cost of disposing of the faulty units), or do I have to pay for this?

Thanks.

[Deleted User]

Hi,

are they replacement windows or just the glass?

If just the glass you can diy, look here.

elstevo42

are they replacement windows or just the glass?

If just the glass you can diy, ...

Thanks. It's glass only, but these are triple glazed units in aluminium bi-fold doors and a large window - not really something I want to start playing with.

tacpot12

 If your contract with the suppliers says that they accept liability for consequently loss, you would be likely to win in court, but liability for consequential loss is likely to be excluded in the contract.

The Consumer Rights Act 2015 only gives your the right to have the faulty units replaced as they were supplied to you, e.g. in frames, or any lesser method, e.g. glazing units. The glazing units are going to be easier and cheaper for you to replace, so agreeing to have the glazing units makes sense. 

It may make sense to chalk the cost of replacement and disposal up to bad luck. Isn't disposal simply a matter of taking them to the nearest household recycling centre?

elstevo42

Thanks tapcot12, looks like I'm going to have wear the cost. Unfortunately, disposal isn't just a case of taking them the tip - the door units are too big to fit in may car and weigh something like 50kg each (x3). Furthermore, disposal at my local tip isn't free for building materials, diy or otherwise.