Damaged shower screen - time elapsed query

Rokeuk

Hi all,

I bought a glass shower screen from an online retailer in early January, as part of a larger order to refurbish our bathroom. Paid on my credit card and have since paid off the balance. I inspected the delivered boxes, and confirmed that they were undamaged, but did not unseal and go through everything individually.

For various reasons, the bathroom install was delayed until this week. Our contractor unboxed the shower screen and started to prep it for install.  He then discovered and flagged to me that there was a 4” scratch on one end of the glass. It’s fairly deep and bad enough that we don't want to install it, so the work has now had to be paused.

I contacted the retailer by phone and then with a follow up email, requesting a replacement. Their response is essentially as follows:

- The manufacturer (apparently it was directly delivered from them) says that too much time has elapsed and they are not prepared to repair/replace.
- The manufacturer cant make a claim against their courier, again too much time elapsed, and they’ve referred me to the “passing of risk” guidelines in the consumer rights act.
- I’ve been offered the chance to purchase a replacement glass panel at a discount, but this still represents of further cost of £250ish to me.

I’d hoped for a replacement part, or a refund if not possible.  Would anyone be able to advise me if I have any redress here or if Im just out of luck. It would have been difficult to go through everything when it arrived and i preferred to keep it “safe” in the manufacturer’s packaging, but I do understand the retailers position.

I haven't yet spoken to my credit card provider but would prefer to hear what people think before i take this step.

Thanks in advance for any advice, comments or criticism!

Aylesbury_Duck

Rokeuk said:

Hi all,

I bought a glass shower screen from an online retailer in early January, as part of a larger order to refurbish our bathroom. Paid on my credit card and have since paid off the balance. I inspected the delivered boxes, and confirmed that they were undamaged, but did not unseal and go through everything individually.

For various reasons, the bathroom install was delayed until this week. Our contractor unboxed the shower screen and started to prep it for install.  He then discovered and flagged to me that there was a 4” scratch on one end of the glass. It’s fairly deep and bad enough that we don't want to install it, so the work has now had to be paused.

I contacted the retailer by phone and then with a follow up email, requesting a replacement. Their response is essentially as follows:

- The manufacturer (apparently it was directly delivered from them) says that too much time has elapsed and they are not prepared to repair/replace.
- The manufacturer cant make a claim against their courier, again too much time elapsed, and they’ve referred me to the “passing of risk” guidelines in the consumer rights act.
- I’ve been offered the chance to purchase a replacement glass panel at a discount, but this still represents of further cost of £250ish to me.

I’d hoped for a replacement part, or a refund if not possible.  Would anyone be able to advise me if I have any redress here or if Im just out of luck. It would have been difficult to go through everything when it arrived and i preferred to keep it “safe” in the manufacturer’s packaging, but I do understand the retailers position.

I haven't yet spoken to my credit card provider but would prefer to hear what people think before i take this step.

Thanks in advance for any advice, comments or criticism!

Tricky one, because if it came to it, a small claims court would decide which was more likely: pre-existing damage, damage during transit or damage while stored/moved/unpacked in your possession.  In other words, no clearly predictable outcome.  If it arrived damage then you're clearly entitled to a replacement or refund, but proving that (or at least demonstrating it was the most likely circumstance) is impossible.

On future projects like this, use someone to supply and fit.  That way, problems like this are the contractor's to sort out.

Rokeuk

Thanks for the input, I feared this might be the case. We will definitely be going for “supply and fit” arrangements in future! 

Im thinking that there is perhaps little point in talking to our credit card issuer?

47Revisited

Rokeuk said:

We will definitely be going for “supply and fit” arrangements in future! 

No need to do that. Just check items when they're delivered 

the_lunatic_is_in_my_head

https://www.legislation.gov.uk/ukpga/2015/15/section/19

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

(15)Subsection (14) does not apply if—

(a)it is established that the goods did conform to the contract on that day, or

(b)its application is incompatible with the nature of the goods or with how they fail to conform to the contract.

Basically the scales are tipped in your favour and it's the retailer's requirement to tip them the other way. 

If you contracted with company A then what the manufacturer thinks has nothing to do with anything really, letter before action and small claims if no agreement can be reached but you have to weigh up the headache vs £250 for the replacement, I would personally however go back to them with the above and point out you are entitled to a repair or replacement unless they establish the screen wasn't damaged at the time of delivery (which I don't see how that's possible). 

Jumblebumble

the_lunatic_is_in_my_head said:

https://www.legislation.gov.uk/ukpga/2015/15/section/19

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

(15)Subsection (14) does not apply if—

(a)it is established that the goods did conform to the contract on that day, or

(b)its application is incompatible with the nature of the goods or with how they fail to conform to the contract.

Basically the scales are tipped in your favour and it's the retailer's requirement to tip them the other way. 

If you contracted with company A then what the manufacturer thinks has nothing to do with anything really, letter before action and small claims if no agreement can be reached but you have to weigh up the headache vs £250 for the replacement, I would personally however go back to them with the above and point out you are entitled to a repair or replacement unless they establish the screen wasn't damaged at the time of delivery (which I don't see how that's possible). 

The other danger with small claims is that the company use the balance of probability and state that they deliver hundreds of screens and never get any complaints and point out that the OP could have easily scratched the door themself
Unfortunatly the theory about how district judges ought to behave sometimes  bears only a loose resemblence to the practice