Faulty Installation of Satellite Dish by Aerialforce

Nanako

I have recently gotten a starlink dish, but starlink doesn't handle the installation, thats on the end user

So I contracted a third party company to install my dish for me, Aerialforce

https://www.aerialforce.co.uk/

They came, and did the installation At the engineer's recommendation (he presented it as the only possible option) I got a "patio mount", which basically means putting the dish on a pole in my back garden.

However i was unable to fully test the functionality at that point, as I was waiting on an additional part for my network setup. I noted that the starlink android app said the dish was obstructed, but he told me that was normal, and that it would be fine after it adjusts itself for a while. His choice of location did seem oddly close to the house, but was apparently chosen due to pre-existing paving slabs that are common in my area

I took the engineer's word that everything was fine, and paid him. The total cost came to somewhere in the region of £650, including a 2 year extended warranty
I did not enquire exactly what the warranty covered, i just wanted to be safe and i was happy to pay more for the peace of mind

But a week later once i got my part and started using the new starlink,  i started to notice problems, the connection was unstable and occasionally cutting out. Fine for downloads, but not useable for anything that needs a stable connection like calls and online gaming . I checked the starlink app, and it says the dish is obstructed. I followed the onscreen diagrams, and i'm fairly sure the edge of my house is the cause. The house that was always there. The dish is obstructed like i pointed out during installation, that he dismissed

So i called up the company, and explained the situation, they sent the engineer out again (same guy)
He agreed with my assessment of the obstruction, took the dish off its mount, put it on the default stand it came with, and moved it to a new location farther up the garden

It is too soon to tell for sure, but this seems to have improved the stability, i'm not experiencing problems so far, though its only been a few hours. The new location may have solved the obstruction problem (I am unable to conclusively test this without doing a factory reset on the router to get it out of bypass mode)

However, right now the dish is not secured, and is just sitting on its stand exposed to wind. This is not a tenable situation longterm, i need to get it secured

He then gave me a quote for re-mounting it properly, which will apparently involve bringing in a large slab to act as a base, and re-mounting the pole and dish upon that. This quote was £475

The fact that I have a warranty, or that it was a faulty installation the first time, does not seem to be factored in. I questioned him on that and he claims that since I okayed and paid for the first installation, that it counts as "work done", and that i'm not entitled to any refund or discount for it. He also stated that the warranty i bought does not cover this work as it is treated as a new installation

I'm not happy with this situation. I don't think i should have to pay an extra 70% ish, ontop of what i've already paid, just to get a service that should have been done right the first time. The previous installation being obscured was entirely this engineer's fault. I have just emailed the company back, communicating this sentiment (in a more polite form)

It remains to be seen what they will say, but I am fairly confident that they have no intention of giving me a refund if they can help it

It is also worth noting that after the initial installation, the company contacted me to request that I leave them a review on Trustpilot. I have not done so yet

I would like to ask you guys for thought, advice, and recommendations.

Am I legally entitled to free repair or refund under UK law, for being provided a service that I did not realise was faulty until sometime later?

Is me signing off and paying for it considered an approval that nulls that right, as the engineer claims?

Should I shop around and try to find other people to do it cheaper?

the_lunatic_is_in_my_head

Nanako said:

I I questioned him on that and he claims that since I okayed and paid for the first installation, that it counts as "work done", and that i'm not entitled to any refund or discount for it. He also stated that the warranty i bought does not cover this work as it is treated as a new installation

Hello OP

The first part in bold is incorrect, their job was to install a satellite dish with reasonable care and skill. 

They failed (and agreed they failed) so they performed a repeat performance, this is all still the same contract. 

2nd bold is probably incorrect as well, to void a warranty because a repeat performance was required is very likely be an unfair term. 

The issue you have is the repeat performance is (apparently) insufficient, the question is whether you paid for it to be mounted on your patio or whether you paid for it to be mounted.

If you paid for it to be mounted then it would appear they put it on the patio as that was easiest, if the contract wasn't for laying a base to support the pole then that should be extra however when they quoted the job that quote should have been for the correct installation. 

As there has already been a repeat performance you may either agree another repeat performance or seek a price reduction, it would probably be fair to say the value of the price reduction should be the cost of someone else mounting it in the garden correctly. 

Nearlyold

What would have been the total price for the job if the Dish had been fitted in the new position originally, taking into account bringing in a large slab to act as a base? 

macman

What exactly did you 'sign off? What does your contract/warranty say about the installation process?
That will determine whether you have a claim for breach of contract or not.
It's not clear if the warranty you say you have relates to the equipment or the install? If the former, then it's of no help to you in this dispute, as the issue is not faulty equipment, but a faulty install.
How long ago was the install done, and how did you pay for it.?

Nanako

macman said:

What exactly did you 'sign off? What does your contract/warranty say about the installation process?
That will determine whether you have a claim for breach of contract or not.
It's not clear if the warranty you say you have relates to the equipment or the install? If the former, then it's of no help to you in this dispute, as the issue is not faulty equipment, but a faulty install.
How long ago was the install done, and how did you pay for it.?

I signed a form to get the work done, I paid via bank transfer, i signed another one after it was done

I have a copy of the second form i signed, i can scan and upload it

The installation was done about ten days ago

HillStreetBlues

Nanako said:

I signed a form to get the work done, I paid via bank transfer, i did not sign anything after it was done

I have a copy of the form i signed, i can scan and upload it

The installation was done about ten days ago

As this is about contract law, if you can upload the contract to get the best advice.
Do make sure you black out/delete any personal info.

macman

Nanako said:

macman said:

What exactly did you 'sign off? What does your contract/warranty say about the installation process?
That will determine whether you have a claim for breach of contract or not.
It's not clear if the warranty you say you have relates to the equipment or the install? If the former, then it's of no help to you in this dispute, as the issue is not faulty equipment, but a faulty install.
How long ago was the install done, and how did you pay for it.?

I signed a form to get the work done, I paid via bank transfer, i did not sign anything after it was done

I have a copy of the form i signed, i can scan and upload it

The installation was done about ten days ago

So,  you haven't 'signed it off', as in 'approved it'. You've simply contracted to have the installation done, and paid in full, in advance.
So, if the install is now not satisfactory, you can claim that there is a breach of contract, subject to the wording of the contract.
A great shame that you paid by BT, as this prevents a chargeback or S75 claim, but that ship has now sailed.

Nanako

I have uploaded the thing i signed after work was complete, with some details redacted

https://drive.google.com/file/d/1FZ_WCwWvUbHeNLMzzvbPogEEwX_DtJ_J/view?usp=share_link

https://i.imgur.com/0QQemqU.jpeg

Part 1 is larger due to different formats, so sorry for the google drive link

For anyone reading, I wish to ask:
-Do you see anything here that offers an avenue of resolving this situation?
And more importantly

-Do you see any illegal language here where this contract attempts to quash a legal right it cannot override?

Nanako

macman said:

Nanako said:

macman said:

What exactly did you 'sign off? What does your contract/warranty say about the installation process?
That will determine whether you have a claim for breach of contract or not.
It's not clear if the warranty you say you have relates to the equipment or the install? If the former, then it's of no help to you in this dispute, as the issue is not faulty equipment, but a faulty install.
How long ago was the install done, and how did you pay for it.?

I signed a form to get the work done, I paid via bank transfer, i did not sign anything after it was done

I have a copy of the form i signed, i can scan and upload it

The installation was done about ten days ago

So,  you haven't 'signed it off', as in 'approved it'. You've simply contracted to have the installation done, and paid in full, in advance.
So, if the install is now not satisfactory, you can claim that there is a breach of contract, subject to the wording of the contract.
A great shame that you paid by BT, as this prevents a chargeback or S75 claim, but that ship has now sailed.

no sorry please check again, i edited that post. I did indeed sign a form afterwards. I have scanned and uploaded that form in the next post after that one

the_lunatic_is_in_my_head

Morning OP

Thanks for posting the paperwork, it doesn’t really matter what the company’s t&cs say as they can’t override your consumer rights.

Whilst you have formed a contract, the simple question that needed to be answered was, what did you pay for and the answer is “Starlink none standard install”.

I’d start by getting a quote for having it put up in the garden and claim that as a price reduction if the company won’t do it without charge. If that happens I’d also expect the warranty fee back.

Your position is

https://www.legislation.gov.uk/ukpga/2015/15/section/49/enacted

(1)Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.

The company was to install a dish but failed to meet the above as it was positioned incorrectly and obstructed by the house, due to this:

https://www.legislation.gov.uk/ukpga/2015/15/section/55/enacted

The right to require repeat performance is a right to require the trader to perform the service again, to the extent necessary to complete its performance in conformity with the contract.

(2)If the consumer requires such repeat performance, the trader—

(a)must provide it within a reasonable time and without significant inconvenience to the consumer; and

(b)must bear any necessary costs incurred in doing so (including in particular the cost of any labour or materials).

This has already been performed as the company came out and repositioned the dish. 

The company can not sign away your rights by having some kind of completion form and the idea the repositioning was a new job is incorrect. 

Also your warranty covers the new position (or they must refund the fee paid for the warranty)

https://www.legislation.gov.uk/ukpga/2015/15/section/56/enacted

(1)The right to a price reduction is the right to require the trader to reduce the price to the consumer by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount).

(2)The amount of the reduction may, where appropriate, be the full amount of the price.

(3)A consumer who has that right and the right to require repeat performance is only entitled to a price reduction in one of these situations—

(a)because of section 55(3) the consumer cannot require repeat performance; or

(b)the consumer has required repeat performance, but the trader is in breach of the requirement of section 55(2)(a) to do it within a reasonable time and without significant inconvenience to the consumer.

(4)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

(5)The trader must give the refund using the same means of payment as the consumer used to pay for the service, unless the consumer expressly agrees otherwise.

(6)The trader must not impose any fee on the consumer in respect of the refund. 

I would suggest you email them and state the service has not been performed in conformity of the contract and you request the dish is correctly mounted in an unobstructed position otherwise you shall seek a price reduction plus a refund of the warranty and instead seek another company to perform the job.

If they refuse then it's a case of letter before action followed by small claims. 

Don't mention Trustpilot or such as you don't want to be in a position were it can be perceived you are trying to "blackmail" (for want of a less melodramatic word) them. 

The company you linked to appears to be some kind of booking agent, I would say your contract is with 

https://www.tvaerialcompany.co.uk/

(the company named on the paperwork)

Their LTD has bee running since 2010 

https://find-and-update.company-information.service.gov.uk/company/07265302

which is good and they seem to make a lot of money looking at the accounts. 

The only downside I can see is that they may have quoted you to install the pole on the basis it would go on the patio and they may have charged you more for laying a base in the garden to mount the pole on. 

I don't know how big the pole is (do you have a photo?) but you could dig your own hole, fill it with concrete and then expect them to remount the pole free of charge and agree the warranty continues or is refunded. 

If you feel you can't lay your own base then you could pay someone else to do this but given it was mounted on a patio I'm guessing the pole isn't 50 foot high and the base requirements aren't that excessive. 

Working with the company to find a resolve will show you are reasonable, if they flat out refuse to work with you without further payment for putting the pole up again then I would consider small claims. 

I understand you may be eager to get this resolved but I'd stick to putting everything in writing from now on (letter, email, messenger, whatever so you have a record of what is said). 

Any questions about the above feel free to ask   

Nanako

the_lunatic_is_in_my_head said:

Morning OP

The only downside I can see is that they may have quoted you to install the pole on the basis it would go on the patio and they may have charged you more for laying a base in the garden to mount the pole on. 

I don't know how big the pole is (do you have a photo?) but you could dig your own hole, fill it with concrete and then expect them to remount the pole free of charge and agree the warranty continues or is refunded. 

If you feel you can't lay your own base then you could pay someone else to do this but given it was mounted on a patio I'm guessing the pole isn't 50 foot high and the base requirements aren't that excessive. 

Working with the company to find a resolve will show you are reasonable, if they flat out refuse to work with you without further payment for putting the pole up again then I would consider small claims. 

I understand you may be eager to get this resolved but I'd stick to putting everything in writing from now on (letter, email, messenger, whatever so you have a record of what is said). 

Any questions about the above feel free to ask   

So about this section:

During the first visit (initial quote, before any work was done)

The engineer picked both the manner and location of the installation. I do not have a patio, but he seemed to believe there were slabs hidden under the grass, as other similar properties in the area have them

I told him in no uncertain terms, to buy whatever materials he needed and that i'd pay for them.

I expressed concern that the location he thought these slabs were at, was too close to the house. He reassured me things would be fine, and that he had done this procedure many times

During the second visit (the faulty installation)
He started the installation while i was not present, i had been out that day and arrived home halfway through, the dish was already mounted on a pole. He had indeed dug up a patch of grass and he was right, there are slabs under it out to a certain distance which the pole is now bolted onto

During the Third visit (the repeat performance that solved one problem and created another)

He removed the dish from the pole, and placed it on its default (starlink-provided, came with the dish) four leged stand, at a location farther up the garden, where it now has an unobstructed view, but is not secured or mounted to anything. He told me there is no slab under the grass at this location, and quoted me a total of £475 for the process of re-mounting it at that new location. He did not tgive a cost breakdown of this quote, but he seemed to imply it was more than the slab cost involved

Here are some images of the setup that may be helpful in understanding. Showing the pole (now dishless) and the dish on its unsecured stand

https://i.imgur.com/5oD2Zlf.jpeg
https://i.imgur.com/yFrehBA.jpeg
https://i.imgur.com/ovT2UmV.jpeg
https://i.imgur.com/cTG0sBN.jpeg