Damaged shower tray - supplier says too late to replace?

tastytattie

Hello helpful people. 

 I bought a shower tray online on the 6 June.  Did a quick visual inspection on arrival through the packaging.  Went to install this week and once all packaging removed there is a hairline crack on the tray - very, very difficult to see even with the packaging off.  

Online company says damages must be reported within 2 days of receipt and replacements are offered only within 30 days.  

General Consumer advice faq online (in Scotland, where we are although bought through a company based in England) seems to suggest faulty goods can be claimed within 6 months, although the company’s website does state the 2 days/30 day rule.  Do I have any chance?

Alderbank

tastytattie said:

Hello helpful people. 

 I bought a shower tray online on the 6 June.  Did a quick visual inspection on arrival through the packaging.  Went to install this week and once all packaging removed there is a hairline crack on the tray - very, very difficult to see even with the packaging off.  

Online company says damages must be reported within 2 days of receipt and replacements are offered only within 30 days.  

General Consumer advice faq online (in Scotland, where we are although bought through a company based in England) seems to suggest faulty goods can be claimed within 6 months, although the company’s website does state the 2 days/30 day rule.  Do I have any chance?

Welcome to the forum.

The Consumer Rights Act applies equally across the UK. Claims here in Scotland are heard under the Simple Procedure in the Sheriff Court, and in a small claims court in England & Wales.

There is no limit in the Act for when faults must be reported. 

The company probably prefers you to report within 2 days because their B2B contract with their courier will have time constraints for compensation but that is not your concern. As it is more than 30 days since you received it they can repair it but it is more likely they will replace it or give a full refund.

Although there is no time limit, it is assumed that faults reported in the first 6 months were present on delivery. After that time you might be challenged to prove you did not cause the crack but since you reported after only 2 months that is not your concern.

It sounds like the tray was damaged at the factory but not noticed when being packed.

Sláinte!

m-holland

also did you purchase as a business or a consumer?

DullGreyGuy

tastytattie said:

Hello helpful people. 

 I bought a shower tray online on the 6 June.  Did a quick visual inspection on arrival through the packaging.  Went to install this week and once all packaging removed there is a hairline crack on the tray - very, very difficult to see even with the packaging off.  

Online company says damages must be reported within 2 days of receipt and replacements are offered only within 30 days.  

General Consumer advice faq online (in Scotland, where we are although bought through a company based in England) seems to suggest faulty goods can be claimed within 6 months, although the company’s website does state the 2 days/30 day rule.  Do I have any chance?

Law of limitations on simple contracts is 5 years in Scotland, however as time passes things change...

Within 30 days - you can reject the goods
Within 6 months - a fault is assumed to be present from purchase unless the retailer can prove otherwise
After 6 months - its up to you to prove the goods were faulty/not durable etc

In the second two you can express a preference but it's up to the retailer on repair, replace or refund. 

Obviously this all assumes you are a consumer, if your a business then thats totally different, if you're bought from a trade only place when you aren't actually trade that leaves you in a grey area.

PHK

The law quoted above is regarding faults. The situation here is slightly different and appears to relate to damage. 
Or at least it seems the retailer is saying this is damage which they would have resolved as delivery damage had it been promptly reported. 
When a dispute arises then both sides need to provide evidence of their case. As the consumer, if the retailer doesn't agree then ultimately you could claim in the small claims court or if you paid by credit card and it's over £100 then your card company. 
From your point of view you'd need to make the case that this is an inherent fault with the goods rather than damage that's subsequently happened while in your possession. 
I don't know how you'd do this. A suitable qualified person could state whether it's a fault or damage but if it's damage how do you prove that it didn't happen in your possession. 

the_lunatic_is_in_my_head

PHK said:

The law quoted above is regarding faults. 

Well it's regarding goods not conforming to the contract:

https://www.legislation.gov.uk/ukpga/2015/15/section/9

(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;

A cracked shower tray isn't fit for it's general purpose, even if cosmetic it comes under (b) and (c), OP as above burden of proof lies with the retailer, where did you buy from? 

DullGreyGuy

PHK said:

The law quoted above is regarding faults. The situation here is slightly different and appears to relate to damage. 

It's not for the OP to opine on if it is damage in transit, damage in the factory, a fault etc. The CRA is about goods not conforming to the contract and so unless the vendor explicitly was selling a cracked shower tray it has not conformed to contract.