Shower glass broken within guarantee - manufacturer/store saying they won't cover replacement

Hello

Recently, my 3 year old shower unit's main glass panel exploded randomly (no items touching it, I was in a different room - it is incredibly well looked after and is not bumped into or leaned on during or after use) into thousands of tiny pieces. This buckled the metal bearings and left the shower doors hanging precariously (which I've now removed for safety reasons).

Upon emailing the store we bought from, they referred it to the manufacturer Aqualux, who say the glass "acted as intended as it is supposed to shatter into little pieces, not jagged shards, and tempered glass is prone to exploding under heat fluctuations". They then said that the 12 year guarantee did not include the glass. The shower unit is practically 90% glass and I specifically bought this extra thick version to avoid easy breaking (and specified this to the sales team at the store).

They are saying I am responsible to replace the panel, but because of the damage to the unit as a whole, including shards of glass buried deep in the unit's glass-housing sections, I will essentially need to buy a whole new unit. I'm sorry, but this is absolutely preposterous and frankly I find the lack of concern over a product randomly exploding (what if I or my family had been in the shower at the time?) and the nonchalant response to be quite shocking.

I'm responding to the store to say we should not be left out of pocket and I feel this smacks of a cowboy attitude to business. I want the unit replaced and fit for use again.

Any advice from people who have had similar experiences as to what I should do next? I'm fuming. I did not buy a new bathroom 3 years ago at great expense and care to have to replace core parts of it in such a short time frame. Surely this can't be right?

Many thanks.
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Comments

  • Les79
    Les79 Posts: 1,337 Forumite
    If their 12 year warranty doesn't cover glass then tough luck! You can't enforce something if it isn't covered under the warranty. So, but check the warranty wording firstly, it sounds like Aqualux aren't doing anything wrong.

    But there is good news! You have up to 6 years to pursue a faulty item against the RETAILER. You can therefore invoke your consumer rights against the RETAILER. Depending on your purchase date, you are either covered under the Sale of Goods Act or Consumer Rights Act.

    Under the consumer rights the retailer may (are entitled to) request an independent fault report (the info provided by Aqualux may qualify) to determine an inherent fault, which is what it sounds like. If an inherent fault present then they'll have to repair, [partially] refund or replace.
  • (what if I or my family had been in the shower at the time?)
    So, no one was in the shower "at the time" and no one was hurt?
  • So, no one was in the shower "at the time" and no one was hurt?

    That's correct. And thank you to the above re the Sale of Goods Act. Good idea.
  • That's correct. And thank you to the above re the Sale of Goods Act. Good idea.
    Sale Of Goods Act was superseded 3 years ago by the Consumer Rights Act 2015.
  • Gavin83
    Gavin83 Posts: 8,746 Forumite
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    As advised the correct rights act will cover you in this circumstance. However you'll need an independent report to prove it was an inherent fault, and unlike Les79 I don't read what you've written as Aqualux admitting this was the case. They'll be a fee for this, probably £70ish, which you'll get back should the fault be found to be inherent.

    As a final note to this you can't demand they replace the whole unit. If they can satisfactory repair the unit without doing this that'll be considered an acceptable remedy. In fact they don't have to repair or replace the unit at all, they can offer a partial refund, which they may well do if the damage is as extensive as you suggest.
  • calleyw
    calleyw Posts: 9,822 Forumite
    Name Dropper First Anniversary First Post I've been Money Tipped!
    I'm sorry, but this is absolutely preposterous and frankly I find the lack of concern over a product randomly exploding (what if I or my family had been in the shower at the time?) and the nonchalant response to be quite shocking.


    They where not in the shower and it happens all the time. I know someone who it happened to. About and hour or so before they got out of bed to go and have a shower, heard an massive bang and found one of his glass shower screens smashed to pieces. It was approx 4 or 5 years old. Could not claim off his insurance as not accidental damage.


    Anything that is glass has the ability to shatter. Oven doors do the same thing.



    I'm responding to the store to say we should not be left out of pocket and I feel this smacks of a cowboy attitude to business. I want the unit replaced and fit for use again.

    Any advice from people who have had similar experiences as to what I should do next? I'm fuming. I did not buy a new bathroom 3 years ago at great expense and care to have to replace core parts of it in such a short time frame. Surely this can't be right?

    Many thanks.


    Why is it a cowboy attitude. Because they wont meet your demands. Its life, stuff happens. Either pay for a report to prove an inherent fault. Or just pay for a new screen and move on with you life.


    Yours


    Calley X
    Hope for everything and expect nothing!!!

    Good enough is almost always good enough -Prof Barry Schwartz

    If it scares you, it might be a good thing to try -Seth Godin
  • zoob
    zoob Posts: 573 Forumite
    First Post Name Dropper First Anniversary
    edited 12 September 2018 at 11:17PM
    Possibility it’s the installer that’s caused the issue
    Spontaneous glass breakage is a phenomenon by which toughened glass (or tempered) may spontaneously break without any apparent reason. The most common causes are: Minor damage during installation such as nicked or chipped edges later developing into larger breaks normally radiating from point
  • zoob wrote: »
    Possibility it’s the installer that’s caused the issue
    Spontaneous glass breakage is a phenomenon by which toughened glass (or tempered) may spontaneously break without any apparent reason. The most common causes are: Minor damage during installation such as nicked or chipped edges later developing into larger breaks normally radiating from point


    Or impact damage and it goes bang some time later (like an hour or two rather than years) or I believe it can be flaws in the glass.


    Just about all toughened glass sold in the UK reaches the highest toughening standard - and glass from every single batch made is tested to destruction. However this proves what they already knew, that tempered glass stores the energy from the heating process and breaks into tiny pieces releasing the energy in a bang (or at least a pop) when it does brake.


    The process of heat tempering the glass makes it safer, better tiny shards than huge sharp glass daggers .... but during the manufacturing process, microscopic pebbles, called nickel sulfide inclusions, sometimes get trapped inside the glass.

    As the glass and pebble gently expand and contract in the heating and cooling of a bathroom, the inclusion can weaken the glass until one day suddenly BOOM!


    So yes, it can actually be a manufacturing fault. proving it however ....
  • Thanks for the responses. Aqualux have said that it was not a manufacturing fault as the glass is "designed to break" in this way and there could be various reasons why it exploded.

    If this kind of glass is prone to breaking (which was not conveyed at time of buying - I specifically asked for a fitting that would minimise chance of breaking and asked if plastic or thick tempered glass would be better - I was told the extra thick version I bought should last many years) then the manufacturer or retailer should account for replacement costs in their budgets if this is not an unexpected issue. If the fault is not the consumer's and it is genuinely a random issue that has happened, in my opinion the retailer or manufacturer should try to see to it that it is fixed. I have not been offered a replacement, but merely "help finding a replacement that will fit" that I will then have to pay for.

    The reality is I will have to replace the whole unit as, due to the damage to the bearings and metal fixtures a simple swap and replacement of the panel is out of the question. In what world is having to replace a whole shower unit within 3 years of buying and installing it due to a "common" event a reasonable cost for a consumer to bear?
  • photome
    photome Posts: 16,360 Forumite
    Name Dropper First Anniversary First Post Bake Off Boss!
    Had to replace my patio doors recently because the glass just shattered .
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