Exploding Glass Shower Screen - What are my rights?

[chillimilli]

Hi

Last night a large frameless shower screen 'exploded' in my daughters bathroom.

 

There was no one in the room at the time fortunately.

 

It had been installed by a competent bathroom installer a week before.

 

My daughter has been using the shower for a week.

 

The company who supplied the screen say that they are not responsible,

one defence they used was that its only our word that no one was in the room.

 

I understand that tempered glass can explode spontaneously.

 

The glass was bought by our installer from the glass supplier.

 

Our installer works for himself and I do not think it is fair for him or us to pay for a new screen.

 

Should the supplier take responsibility?

 

Also if there is damage to the bathroom are they liable?

 

Advice gratefully received as the best they are offering is a discounted replacement.

 

If they are responsible please advise me on what to say to them.

 

Thank you in advance for any help

[dx100uk]

yes

let me go find an old thread wit the same issue.

 

 

dx

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?409929-Defective-shower-screen-plastic-hinges-failed-after-4yrs-amp-caused-injury-**WON**&highlight=shower

[chillimilli]

Thank you dx.

 

Can my installer quote the Sale of Goods Act at them?

 

 

If they are liable for a new shower screen

 

 

are they also liable for the installation costs

 

 

and any repair costs to the rest of the bathroom?

 

 

It was a horrible event which has terrified my children

 

 

and I hate it when companies shirk their responsibilities.

[dx100uk]

I believe some consequential losses are part of SOGA.

 

 

however and take this the right way

 

 

your installer could well be part to blame here

 

 

the method of fixing

any twisting

sharp edges etc.

 

 

the glass supplier is entitled carry out an investigation at their cost

to ascertain why it failed

 

 

if poor installation is the cause, the installer could be also liable.

 

 

dx

 

 

 

 

dx

[dx100uk]

as this is business to business claim

or that's the way you are painting it

 

 

I wonder if soga is the way to go

 

 

it might be better you do it to the supplier rather than the installer.

 

 

to be frank

 

 

that's for them to sort out.

 

 

let them get on with it

 

 

between them

you want it fixed as it should be.

 

 

dx

[chillimilli]

thank you

I've found a bit more and because my installer bought the glass I don't think its covered by SOGA and I need to see what the terms and conditions of the sale are...comments still welcome

[chillimilli]

just seen your previous post

 

 

- i know ultimately its not my responsibility and that it is for my installer to resolve but

 

 

I want to make sure he knows his rights.

 

 

He is currently going along with what the manufacturers say

as he thinks that because we can't prove no one was there

then there is nothing more we can do and

 

 

its easy for the manufacturers first response to deny responsibility

[dx100uk]

IMHO doesn't matter if anyone was in there or not

 

 

the glass should not shatter like that

 

 

its either an installers error

or

the glass was faulty.

 

 

dx

[f16]

Manufactacturers problem. ...................

 

The glass was not fitted by the contractor.

 

Who's make of screen ???????????? (out of intrest)

[BankFodder]

On the basis of what you say, your installer is the supplier of the glass and as well as being the fitter. This means that your installer is completely liable under the Supply of Goods and Services Act. Your contract is with the installer. Your contract is not with the company that supplied the glass to him. You may well feel that it is unfair that the installer is responsible, but on the other hand he is the one who has sold the glass to you and is taking any profit from it. He has a direct claim under contract against the company which supplied the glass to him.

 

If you wanted to get involved yourself against the original supplier then you could think about bringing your own legal action under the Sale of Goods Act and citing yourself as a third party with rights under the contract as per Contracts (Rights of Third Parties) Act 1999

 

However, it then gets complicated because the original supplier may well then say that is is a fault with the installation – and of course the installer will say no, it is a fault with the glass. Frankly, it is much easier for you to seek redress from the installer because he has both supplied and fitted the glass.

 

It is never a good idea to buy something from one company and have it fitted by another company because that fragments the liabilities and it makes getting redress very difficult. Here you have had the supply and the installation done by one person, it will be up to you whether you want to lose the benefit of this by splitting up the liabilities.

[ericsbrother]

no doubt about it, your contract is wth supplier/installer and no-one else.