Ruby Granite, North Wales. Worktops - Damage / Defect Noticed 3 Weeks After Install!

[w4ter_Boy]

Hi,

We have had several issues with our worktop supplier / installer. (Same company).

 

Firstly they made a complete hash loads of issues, damage & defects etc.

 

After digging their heels in, they eventually replaced. Not through good customer service, but because I demanded a full refund. 

 

It wasn't a smooth ride, and took 6 weeks for them to correct / replace.

 

This obviously meant delaying my whole project by the same 6 weeks.

 

So after replacement, I was keen to get on with the rest of the kitchen, namely painting the walls.

 

With the worktops being new, I covered the whole kitchen over in polythene sheets. 

 

These sheets were not removed for 3 Weeks. Busy time of year for me, working late at work and I didn't get much done in the evenings as planned. Basically took longer than I intended. 

 

The day after I removed the sheets off the island, my partner noticed a mark on the island!

 

It was a small scuff, & a very minor chip on the front face (top) of the island. All in same 10x10cm area.

 

I instantly felt sick to my stomach. After all the trouble it had taken to get this far, I just wanted the ground to eat me up. Followed by extreme anger at myself for not noticing this after install. 

 

However, installation was carried out on a very dull day so the absence of sunshine could have been the reason for the oversight. 

 

Looking back on a photo I took the day after install, you can just about see the mark. I obviously knew the damage wasnt mine, but this confirmed it to me. 

 

I reported the damage and they sent their installers out to take a look. They tried their best to polish / buff out the scuff, but to no success. 

 

I have now received an email today, stating that due to the length of time it took me to report the issue (3 weeks) that they cannot accept liability.

 

They have provided me with a telephone number to a repair man. 

 

The mark can only be noticed from one side of the island, this is the side that no other worktops are on and the fitters between themselves come to the conclusion, that this was the reason that they missed it. As they were not actively working on the side of the island that shows the visible mark. Plus it was a very dull day. 

 

Where do I currently stand legally?

 

 

Island was installed on 14th April 

Damage reported 6th May

They attended 9th May

 

All paid on Credit Card.

 

 

 

Many thanks,

WB

Edited May 20, 2021 by w4ter_Boy

[BankFodder]

I don't fully understand the timeline. They supplied and installed a worktop. Did they they supply and install anything else or was it just this? When did the job start and when did it finish?

What was the job worth?

 

What's the name of the company?

[w4ter_Boy]

Hi and thank you.

 

The company is Ruby Granite from North Wales.

 

Purchased on 8th Feb 2021

Installation started 3rd March.

 

After first (other) issues were noticed, they eventually came back and removed all the worktops on 24th March.

 

They then returned on 14th April and reinstalled all worktops & island to completion. 

 

This is when I sheeted over everything. 

 

I then noticed and reported the defect on the island on 6th of May. (3 weeks after reinstall).

 

The cost was just short of £6k

 

Many thanks,

WB

 

Edited May 20, 2021 by w4ter_Boy

[BankFodder]

Value?

[w4ter_Boy]

Just short of £6k

[BankFodder]

Ruby Granite are completely wrong that they are not liable because of the passage of three weeks of time. Within the first month you had the opportunity to reject the contract because of the defect. However you didn't do this so you have lost that right.

You are now within the first six months of the contract and you have the right to reject the contract subject to the entitlement of Ruby Granite to attempt a single repair.

On that basis you should write to Ruby Granite and inform them that you are rejecting the contract under the consumer rights act 2015 but under that act you are acknowledging their entitlement to carry out a single repair – which I suppose means replacing the faulty worktop – and if not then you are rejecting the contract and they will have to strip everything out and be responsible for all costs – including any associated expenses to which you are put as a result of their contractual breach.

Of course I expect that you would prefer that they didn't strip everything out and in fact this is a matter of choice for you. If you want you can simply insist that they carry out a repair or else give you a price reduction or in some other way pay you a compensatory sum.

Whatever you want to do – the law is very clearly on your side – especially as you seem to have good evidence that you did not cause the damage and in fact that seems tacitly to have been acknowledged by their own staff

[w4ter_Boy]

Thank you BF,

 

That is a very reassuring reply.

 

Does the Credit Card offer any additional protection?

 

If it starts to get messy, i.e they dig heels in. Before going the legal route, would I be best to seek a resolve the the credit card company?

 

Thanks. 

[BankFodder]

Yes of course you have protection because you paid by credit card. On the other hand, if you would rather that the faulty bit is replaced – then the credit card won't help you with this.
Unless you tell us that you want it all ripped out, it seems to me that the best thing to do is to deal with them directly and if necessary sue them. What might be the value of sorting the problem out without uninstalling the lot?
Surely it's just a worktop from what I understand? Surely it's just a question of getting a new worktop, removing the old one and fitting the new one?

[BankFodder]

I should say that the credit card won't help you very much with this. Much more effective to go directly to the supplier/installer

[w4ter_Boy]

Thanks BF. 

 

I will discuss with my partner and draft a response to them.

 

Would you be willing to look at my response before I send it to them?

 

Thanks. 

[BankFodder]

Of course

[w4ter_Boy]

One last thing, they are entitled to carry out one repair.

 

Are you saying they are still entitled to that, or was them turning up last week and trying to polish it out classed as their one chance?

 

Thanks. 

[BankFodder]

No I don't think so because you hadn't rejected the contract.

Under the consumer rights act, you actually have to you indicate that you are rejecting the contract but giving them an opportunity to repair before the rejection is final.

I think you should go about it formally and make sure you get it all right. – Especially if they are trying to be difficult

Of course I notice that you've been here since 2019 so I really don't understand why you didn't come to us before rather than wait until your position got difficult

[w4ter_Boy]

That's absolutely fine and makes sense.

 

Do I have to send a letter or is email a valid form?

 

 

 

[BankFodder]

Email is fine

[w4ter_Boy]

Perfect, thanks again and I will get back to you later or tomorrow.