OLD THREAD

SavvySaver24

OLD THREAD

pbartlett

depends if the installation was part of a package of supply and installation when ypu bought the product. 

what does the original contract / terms and conditions say

lincroft1710

It can be argued that by letting the installer install the product you have agreed to the terms of installation which are that you pay them. 

SavvySaver24

lincroft1710 said:

It can be argued that by letting the installer install the product you have agreed to the terms of installation which are that you pay them. 

Even though we couldn't see what was wrong with it until it was installed?

lincroft1710

SavvySaver24 said:

lincroft1710 said:

It can be argued that by letting the installer install the product you have agreed to the terms of installation which are that you pay them. 

Even though we couldn't see what was wrong with it until it was installed?

If the installer installed it incorrectly then you may have had grounds for withholding the installation fee. The fact you couldn't see what was wrong isn't the installer's fault.

lincroft1710

You agreed to the installer installing the product by letting them install it. A condition of them installing it was that you paid them directly. A contract does not need to be in writing. Any redress is with the supplier, not the installer

pbartlett

it would help of you uploaded a photo of the relevant bit of the contract

Ectophile

Arguably, just telling the customer to pay the fitters on the day doesn't necessarily mean that the customer has any contract with the fitter.  It could also mean that the fitter is the person collecting the final payment on behalf of the company.

It soulds like someone has been careless in wording the contract.

bris

Ectophile said:

Arguably, just telling the customer to pay the fitters on the day doesn't necessarily mean that the customer has any contract with the fitter.  It could also mean that the fitter is the person collecting the final payment on behalf of the company.

It soulds like someone has been careless in wording the contract.

But they did have a contract with the fitters.
They knew the way the contract was working, "pay the fitters on the day" they accepted this so they formed their own contract with the fitters. 
This is a common set up between kitchen and bathroom fitters where they don't work directly for the merchants but accept work put their way. The fitters are self employed so contract with the vendors, that contract as we all know doesn't have to be in writing, in this case it was formed by acceptance and letting them get on with it. 

The problem is the vendor has to put things right and fitting costs would be a consequential loss.

pbartlett

yes it all hinges on if you bought a package from the merchant - much like a package holiday or buying the flights and villa separately.

theonlywayisup

SavvySaver24 said:

lincroft1710 said:

It can be argued that by letting the installer install the product you have agreed to the terms of installation which are that you pay them. 

Even though we couldn't see what was wrong with it until it was installed?

I have read your other thread and cannot see how you would not notice an additional window in a shed panel until it was errected/installed.  The shed had 4 windows rather than 3 so not a great deal for you to check.  The felt was green rather than black.  You say (in that thread) that you mentioned it to the installers but what you needed to do was stop the installation rather than let it continue.