Faulty shower

[catweazle2]

Hi. Newbie here. Interested in people's thoughts on a problem I have with part of a newly purchased and fitted bathroom.

 

I purchased a shower enclosure recently and upon fitting, it transpired that in part of the shower tray water actually ran the opposite way from the waste, pooling at the back of the shower.

 

I've had several fruitless discussions with the online supplier who after admitting the tray is faulty are offering to replace the tray but not contribute at all to the cost of removal and refit and are pushing back on the fitter who apparently should have thrown water at it before fitting fully. No prompting to do this are in the supplied instructions.

 

I'm also, given their reluctance to speak to me to discuss the issue and a general evasive attitude, probably wanting to get a full refund (above issue around costs of fitting notwithstanding), however their stance is that they will only refund partially given that I have "damaged" the non-faulty screen by using it. I bought the enclosure as a single piece that included tray and screens and my view is that if one (major) part of it is faulty I should be entitled to a full and not partial refund. Tray isn't sold seperately anywhere I can find.

 

I'd be very grateful for any advice or if anyone has had similiar experience in dealing with this kind of thing. many thanks

[Last Of The Time Lords]

Is this fitter person someone they deployed or someone you drafted in?

 

In any case, the onus is on them (within 6 months of purchase) to prove the item was ok when sold to you, not the other way around as per S.48 of SOGA 1979. They cannot overrule your rights because of S.6 of the Unfair Contract Terms Act 1977.

 

Just tell them you wish to exercise the above rights to claim a refund or repair or replacement. Refund can be demanded if it is not left too long after purchase and installation.

 

Remember that despite your rights most companies will laugh in your face anyway because they think you won't have what it takes to take them on. Lodge a claim through the small claims court (the cost is low I am told) and they may cave in before it even gets to court. If it does get to court you will by that point have received more expert legal advice from a lawyer and it seems to me that they don't have a leg to stand on. It just depends on the circumstances regarding the fitter. Perhaps the goods were fine and he was negligent in which case you could sue the fitter.

[stu007]

Hi

 

Agree with advice given

 

I would also hit them with the installation instruction that came with the shower enclosure does not anywhere state "Water must be thrown at the shower tray before any insallation works to ensure no leakage or flaws in the tray before installation".

 

You require further clarification of this statement made by your company as your installation instructions (which you enclose a copy of) or is that information given actually part of your companies manufacturing process. You require copies of the documentation stating this.

[catweazle2]

Many thanks for the prompt responses.

 

@Last Of The Time Lords - The plumber was hired by myself and has categorically informed me that he took the standard amount of due care and attention when fitting, ensuring that the unit was perfectly flat. I think I'm going down the asking for a full refund route before the small claims court so will advise I'm rjecting the goods

 

@stu007 - good advice. The fitter never does that and just assumes that if he exercises due care and attention that the tray will be of the requisite quality

 

Have you ever heard of a company only offering a partial refund of a single item if only one part (of the single item) is faulty. It surprised me that this tack was taken but wanted to be sure they weren't exercising some arcane legal regulation.

[Bang!]

Its not going to say in the instruction to test all water flows out as its pretty much common sense, just as its unlikely to be mentioned in bath instructions to fit so as the water will run out at the plug end.

 

As for buying a shower and then their arguing about individual parts - the case law covering it was about a carpet being suppolied & fitted but only supplied with an entire refund being awarded when it was stolen before fitted (with you its two parts regarded as one contract & unrelated to fitting). I'm on my phone on the train so cannot look it up quickly.

[catweazle2]

Thanks Bang. I think it's more down to whether you'd actually bother to fill a bath full of water first before fitting to make sure the water goes down the plug, or just assume that one of the things a bath manufacturer would test would be that, same really with a shower unit. Personally once I'd levelled it out, I'd assume the rest would just work, I suppose that's the crux of my problem. Do I pay someone to pull out a unit and pay for a new one with only a hope of getting the costs refunded.

 

In terms of the case law around the carpet, I'm struggling to find anything online, would you be able to point me in the right direction?