Faulty flooring

oz0707

I recently purchased some flooring for installation in kitchen and bathroom. the flooring is vinyl click planks. Upon receiving the flooring I noticed a lack of any significant v groove to the boards having previously fitted similar floors from the same manufacturer. I contacted the retailer and the assured me it was to do with the look of the floor (concrete effect) as opposed to individual planks. I highlighted the fact that if there was any discrepancy in the joints this would become an issue without any chamfer but was assured that they sell loads of the stuff and have never had an issue. Fast forward 6 weeks and the boards are cupping at corners. I have contacted the retailer and to be fair they seem to be 'fighting my corner' and we are taking the issue to the manufacturers. The manufacturers have come back to the retailer after inspecting the photos and say it appears to be a flooring fault as opposed to installation fault (which I knew)! That is the good news. The not so good news is they mentioned to the retailer that the installer should of noticed the issue and not fitted the floor. Well I did call the retailer upon receipt and was assured all would be fine. Plus the issues have only really manifested themselves recently approx 6 weeks after installation.

Since this installation I have fitted the bathroom suite and skirted on top of this flooring. What would be my rights if the flooring is found to be defective? Is the liability limited to the replacement of the flooring or will they be on the hook to pay my costs? Obviously I will have to remove skirtings and toilet. Skirting will have to be replaced as will not come off easily. I will have to rip up and dispose of defective flooring and then re fit all new flooring, skirting and toilet. Quite a bit of work all in all. Just wondering what my rights are?

Thanks in advance

TripleH

Do you have any email or letter correspondence on this issue or had it all been done by phone?
Do you have anything stating you were okay to use the flooring (in writing)?
Theoretically if you can demonstrate you acted in good faith, followed instructions to install correctly and were advised the flooring was okay to use and fit for purpose, you can seek to put yourself in a position you would be in had there not been any fault with the flooring. 
Hopefully all your discussions weren't by phone and the retailer will support you in writing.

oz0707

The fault wasn't there before use as such, it was the lack of chamfer which increased the likelihood of a fault becoming a problem!

TripleH

This requires more technical knowledge than me.
I do know it could depend on whether the batch you received had a fault. Do you have any unused 'tiles/panels' if so keep to hand.
Do they state on the packaging suitable for DIY or expert fitting required?
As an example, if I bought a box of laminate flooring and installed it myself at home but the product was found to be faulty, any claim I make could depend on 

A. If the box said suitable for DIY, then me as a person without any background or 'expertise' in flooring, acting in good faith and following the installation instructions carefully would have a strong chance for a claim because whilst I could lay the floor, I might not pick up on an inherrant fault.

B. If the product required a professional to install it or I failed to follow precisely the fitting instructions and my way of installing can be proven detrimental, my claim would be severely weakened because I didn't follow the manufacturer's instructions so may have caused the fault myself

You need to make sure you can demonstrate that you were suitable to install the flooring and followed all the manufacturer's advice and get that information together now. This could sink your case in the future whereas now it could still do that, but leave you less out of pocket.

oz0707

Luckily I am a pro! I wouldn't say the fault was present when the flooring was fitted but I defintley recognised there was potential for it to go wrong hence my call to the retailer before installation. It now has began to cup and is noticeable due to lack of chamfer. Yes the manufacturer has asked for some flooring back. Luckily I have offcuts. 

My question is really more where does liability end for a faulty product? For example...If a supplier sends you a brick, you build a house then it starts crumbling and has to be rebuilt could the supplier just refund you the cost of the bricks or would they have to compensate you to get back to the same stage.

oz0707

Just bumping this if anyone could clarify where liability would end?