Issue with new kitchen worktop

dmi5

I had a £12.5k kitchen fitted in June last year. I've just noticed that there's an issue with the worktop which has started to warp round about where the dishwasher and sink are. The company has advised that this type of thing happens "due to water ingress" and "dish towels maybe lying on the worktop" and "isn't covered by guarantee". I'm livid and won't be taking this lying down as I've never heard of anything so ridiculous. I need some advice on what to quote back to the company regarding my statutory rights and what action I can take in reporting them to trading standards if they fail to address the issue. I'd really appreciate any advice anyone can offer. TIA!

justwhat

is it a solid wood worktop?

Aylesbury_Duck

dmi5 said:

I had a £12.5k kitchen fitted in June last year. I've just noticed that there's an issue with the worktop which has started to warp round about where the dishwasher and sink are. The company has advised that this type of thing happens "due to water ingress" and "dish towels maybe lying on the worktop" and "isn't covered by guarantee". I'm livid and won't be taking this lying down as I've never heard of anything so ridiculous. I need some advice on what to quote back to the company regarding my statutory rights and what action I can take in reporting them to trading standards if they fail to address the issue. I'd really appreciate any advice anyone can offer. TIA!

It doesn't sound ridiculous to me.  When our dishwasher arrived it came with an impervious strip to attach to the underside of the worktop to limit steam damage to the worktop.  It's plausible that steam from the dishwasher is causing the problem as an example, so before you start angrily quoting statutory rights and threatening Trading Standards, you need to ascertain the cause of the problem.  The onus is on you to do so because it's more than six months since installation.  The retailer may ask you to establish the fault and if it's faulty workmanship and/or materials, they'll have to intervene.  If it's down to misuse or negligence on your part, they have no obligation to help.

eskbanker

dmi5 said:

I need some advice on what to quote back to the company regarding my statutory rights and what action I can take in reporting them to trading standards if they fail to address the issue.

Your statutory rights under the Consumer Rights Act 2015 are:

9 Goods to be of satisfactory quality

(1) Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

(2) The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—

(a) any description of the goods,

(b) the price or other consideration for the goods (if relevant), and

(c) all the other relevant circumstances (see subsection (5)).

(3) The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(a) fitness for all the purposes for which goods of that kind are usually supplied;

(b) appearance and finish;

(c) freedom from minor defects;

(d) safety;

(e) durability.

Trading Standards may be interested in enforcement action if there's a pattern of questionable trading activities, but won't intervene in your individual case....

dmi5

justwhat said:

is it a solid wood worktop?

It's a Square Edge White Sparkle Quartz Effect Laminate Worktop

dmi5

Aylesbury_Duck said:

dmi5 said:

I had a £12.5k kitchen fitted in June last year. I've just noticed that there's an issue with the worktop which has started to warp round about where the dishwasher and sink are. The company has advised that this type of thing happens "due to water ingress" and "dish towels maybe lying on the worktop" and "isn't covered by guarantee". I'm livid and won't be taking this lying down as I've never heard of anything so ridiculous. I need some advice on what to quote back to the company regarding my statutory rights and what action I can take in reporting them to trading standards if they fail to address the issue. I'd really appreciate any advice anyone can offer. TIA!

It doesn't sound ridiculous to me.  When our dishwasher arrived it came with an impervious strip to attach to the underside of the worktop to limit steam damage to the worktop.  It's plausible that steam from the dishwasher is causing the problem as an example, so before you start angrily quoting statutory rights and threatening Trading Standards, you need to ascertain the cause of the problem.  The onus is on you to do so because it's more than six months since installation.  The retailer may ask you to establish the fault and if it's faulty workmanship and/or materials, they'll have to intervene.  If it's down to misuse or negligence on your part, they have no obligation to help.

I had my last kitchen for 16 years and there was nothing wrong with the worktop so I'm fairly certain it isn't down to my negligence or misuse. I barely use the sink because I have the dishwasher and it has the foil strip fitted (if it didn't that would be down to an installation error not manufacturing error). How wet would my dish towel have to be for it to damage a laminate worktop?!!

justwhat

dmi5 said:

justwhat said:

is it a solid wood worktop?

It's a Square Edge White Sparkle Quartz Effect Laminate Worktop

You need too find the cause. 

Any photo's

Aylesbury_Duck

dmi5 said:

Aylesbury_Duck said:

dmi5 said:

I had a £12.5k kitchen fitted in June last year. I've just noticed that there's an issue with the worktop which has started to warp round about where the dishwasher and sink are. The company has advised that this type of thing happens "due to water ingress" and "dish towels maybe lying on the worktop" and "isn't covered by guarantee". I'm livid and won't be taking this lying down as I've never heard of anything so ridiculous. I need some advice on what to quote back to the company regarding my statutory rights and what action I can take in reporting them to trading standards if they fail to address the issue. I'd really appreciate any advice anyone can offer. TIA!

It doesn't sound ridiculous to me.  When our dishwasher arrived it came with an impervious strip to attach to the underside of the worktop to limit steam damage to the worktop.  It's plausible that steam from the dishwasher is causing the problem as an example, so before you start angrily quoting statutory rights and threatening Trading Standards, you need to ascertain the cause of the problem.  The onus is on you to do so because it's more than six months since installation.  The retailer may ask you to establish the fault and if it's faulty workmanship and/or materials, they'll have to intervene.  If it's down to misuse or negligence on your part, they have no obligation to help.

I had my last kitchen for 16 years and there was nothing wrong with the worktop so I'm fairly certain it isn't down to my negligence or misuse. I barely use the sink because I have the dishwasher and it has the foil strip fitted (if it didn't that would be down to an installation error not manufacturing error). How wet would my dish towel have to be for it to damage a laminate worktop?!!

Ok, but you need to identify the problem and narrow down the cause.  That may involve getting it inspected by someone independent,  with the verdict hopefully being that it's faulty somehow.

DullGreyGuy

dmi5 said:
 I need some advice on what to quote back to the company regarding my statutory rights and what action I can take in reporting them to trading standards if they fail to address the issue. I'd really appreciate any advice anyone can offer. TIA!

Unfortunately you need to read much more the Consumer Rights Act than has been quoted... for a start once the goods are over 6 months old its up to you to prove that they are faulty which would normally be done by commissioning an independent expert report. If it supports your claim you can add its reasonable cost your claim but obviously if it agrees that its your error then its your cost to cover. 

In most parts of the country TS don't take direct customer complaints any more but direct you to CAB. CAB will tell you about the CRA and doing a letter before action etc. If they get repeat complaints about the same company then they pass the consolidated reports to TS

tacpot12

If you have home insurance, you might have Legal Expenses cover. If you do, call the legal helpline provided by the insurer and follow their advice. Ask for help finding an expert to assess the cause of the damage. It would be best to use an expert whose advice will be accepted by the County Court if you end up making a court claim. However, it would be best to come to some agreement with the installer about how the problem is fixed. This starts with understanding how it happened in the first place.  

screech_78

We have quartz worktops and they’re fairly resistant to water, unless they’re low quality. They’re more likely to warp due to heat such as putting hot saucepans on them. 

If you’re looking to claim on your consumer rights though, you’re going to need someone to commission you a report stating it’s a manufacturing fault. This is the position as it’s over 6 months from purchase. 

Edit: apologies, just realised it’s laminate. This is definitely not something you want to get too wet and think you might be hard pushed to show a manufacturing fault. You’ll need a report either way though.