Additional damages caused by faulty product under warranty

strawberry*

Hello
I wonder if you can help me please...
Just over a year ago I purchased a new toilet from an online retailer. It was fitted as part of a new bathroom fit in my home. Recently I noticed some cracking in the tiled floor close to the toilet. On closer inspection I discovered a very slow leak from the toilet at the back. I called a plumber who has investigated and come to the conclusion that it is caused by a crack in the toilet pan (not visible). 
To remedy the problem, the toilet will need to be removed and replaced. Given that the floor tiles in that area appear to have started to lift, those tiles will need to be removed and replaced. This will also involve removing a freestanding bath. 
I have checked my home insurance policy and gradual leaks are not covered. Before I approach the retailer I wanted to be clear about my rights. Obviously my purchase is covered by the Consumer Rights Act, and there is a 25 year warranty from the manufacturer of the toilet on the ceramic. 
I wondered:
- would this situation be covered by the retailer or manufacturer? e.g., who do I need to deal with?
- should only the cost of replacing the toilet be covered, or should the cost of all the repair work and necessary materials be covered? And again, is this with the retailer or the manufacturer of the toilet?
- is there anything in particular I need to do to increase my chances of being successful in claiming these costs?

Many thanks everyone!

DullGreyGuy

Your statutory rights are with the retailer and those rights are defined in the Consumer Rights Act. A warranty is separate to your consumer rights and may be more or less generous, its free to whoever is drafting the terms of the warranty, you'll need to read them for yourself to see what they do and don't cover. 

Under the CRA damages caused by defective products are covered however as the item is over 6 months old it will be up to you to prove the product is faulty and it wasn't a case of being mis-fitted or damaged whilst in your possession. This is normally accomplished via an engineers report, some retailers/manufactors will commission their own whereas others will expect you to do so. Clearly it cannot be from the guy that fitted it as he's unlikely to put his hands up and say he dropped it when you weren't looking 12 months later. 

Alderbank

Just for clarity,
Who fitted it? I assume you bought from someone like Better Bathrooms and either yourself or a local plumber fitted it?
What type of pan? Is it back-to-wall, wall hung?
To me it sounds at least as likely as an 'invisible crack' that the flexible seal of the toilet pan connector is the source of the leak. How have you ruled that out?

strawberry*

Hi everyone
Thank you for your comments. 
It was fitted with the rest of the bathroom by a local plumber. It is a close coupled open back toilet. The flexible toilet pan connector has been changed to ensure it was not that, the toilet reinstalled and the leak is still apparent. 

BoGoF

I think you are just going to have to put this down to bad luck. You are going to be hard pushed to prove this was a manufacturing defect and that no one else (installer or you) caused the damage especially a year later.

Aylesbury_Duck

BoGoF said:

I think you are just going to have to put this down to bad luck. You are going to be hard pushed to prove this was a manufacturing defect and that no one else (installer or you) caused the damage especially a year later.

I agree.  I can't see how anyone's going to conclude it was faulty.  

Alderbank

Invisible cracks are not the most likely cause.

This stick-on device from eBay (about £2.50) might solve the problem?

strawberry*

Thanks again for your helpful thoughts and opinions. 

I suppose my only question then would be, what would be the point of offering a 25 year warranty on the sanitary ware, if no one is able to claim after one year?

Is anyone able to advise whether further damage caused by a faulty product is also covered under the CRA?

Many thanks

BoGoF

What does the warranty actually cover? Like most things many things are excluded under warranty.

DullGreyGuy

strawberry* said:

I suppose my only question then would be, what would be the point of offering a 25 year warranty on the sanitary ware, if no one is able to claim after one year?

Because its great marketing that comes at no cost?

born_again

Alderbank said:

Invisible cracks are not the most likely cause.

This stick-on device from eBay (about £2.50) might solve the problem?

Could also just be condensation due to cold water in pot & hot air in bathroom.