LVT floor- defect in manufacturing, part or complete replacement

Urodoc

Hello, I need some advice re the next steps please. We installed a large area with LVT with a 25yr guarantee (bought from a retailer, installed by the retailer recommended fitter, who was paid separately). We noticed blistering in about the fifth month but reported it to the retailer 6 months and 2 days after installation. After multiple visits, including by the Manufacturers aftercare department, they have admitted that blistering has occurred in deeper layers and is a manufacturing defect and which should have been 'removed by the finishing department' before sale. Whilst respectful and apologetic they are willing to only replace 20-25 defective tiles that we have indentified and expect us to identify all defective tiles prior to replacement. They refuse yo guarantee a full replacement if further defects are identified in the future.

As per my Consumer Rights can I demand all tiles to be replaced given that the entire batch may be faulty and there will be a visual mismatch between new and old tiles (although they want to attempt a visual match with a couple of boxes first). We are concerned that more defective tiles will be identified in the future and we will end up going through this process again. What recourse do I take if they refuse please?

Many thanks in advance

Alderbank

https://forums.moneysavingexpert.com/discussion/6687848/lvt-floor-defect-in-manufacturing-part-or-complete-replacement

Welcome to the forum.

We know nothing about any guarantee. However your statutory consumer rights if you require repair or replacement are that the seller does so within a reasonable time and bear any necessary costs incurred in doing so (Consumer Rights Act 2015 s23 Right to Repair or Replacement).

How they do that is up to them, but remind them that if they only do a partial job and the fault appears in the future then you retain the right under s23 to have them back again if necessary. In other words, it's at their risk if they just replace some and then the remaining ones start to fail.

Don't be drawn in if they try to get you to identify the faulty ones. Remind them that your contract was for the supply of all perfect tiles; they have the duty to replace any which 'do not conform to contract', not just ones pointed out by you, and the most cost-effective way to do that is probably to replace them all with perfect ones at the same time.

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/82178553#Comment_82178553

I think this is good advice, but I would maybe go a step further in your initial discussion with them and notify them that under the CRA they get one chance to repair the floor. If the same fault recurs because they only replace some of the tiles, you retain your right not judt to get them back, but to reject the whole floor for a full refund. Their way to minimise the risk of that is to replace all the tiles..

Alderbank

You could choose to reject the floor, but you might not get a full refund for everything.

I see that the fitting was a separate contract, so the retailer might only offer to refund you what you paid him for the tiles (and he would be entitled to remove all the tiles if he chooses).

Since you have had use of the floor for more than 6 months he might even reduce the refund for the tiles, perhaps by about 10% of what you paid. That is allowed by the CRA.

Urodoc

Thank you Alderbank and Woodstok2000. That is excellent advice and seems to reinforce my instinct.

Urodoc

thanks Alderbank, that was actually my next query- is the fact that the defect was highlighted 2 days beyond 6 months an issue.

I feel from the comments, that the best course is to accept partial replacement but can I stipulate a full refund for further defects detected down the line please? Can they still deduct 10% in the future for second failure. TIA

Woodstok2000

can I stipulate a full refund for further defects detected down the line please? Can they still deduct 10% in the future for second failure.

You can pursue a full refund if the initial repair fails - so that would need to be a recurrence of the same issue they are fixing now. If it's a different issue, they get a chance to repair it (assuming that issue is shown to have been present on receipt of the tiles).

They can deduct an amount for reasonable use after 6 months, but there's no set rules on this. A decent rule of thumb is to estimate the life of the product and do a straight line depreciation. With a 25 year guarantee that would be 4% per year - I imagine they would attempt to take off more, but you'd have a decent position to defend that amount.