I was sold a plumbing part (from a company) fitted by my own plumber. It began to leak within 6 months, causing damage to my property (£285).
When it was removed it became apparent that at manufacture a side had been ground down so that it was so thin it had split (it was sprayed after the grinding and the replacement part is a lot thicker in that area)on being attached.
The seller informed us that we had to go to the maufacturer and despite numerous calls, emails and a letter they have refused to pay for the damage.
They have now told us that it is our responsibility to have an expert prove the fault was down to manufacturer. Is that the case or is that their responsibility as it occured within 6 months?
At first glance, this would definitely appear to fall under the provisions of the Sale of Goods Act 1979, as long as you bought the part from a company. They key here is actually that six month time period. Had the fault occurred after that, then the retailer would have been within his rights to insist that you prove that the fault was due to the item and not, for instance the way it was installed or some other reason.
If you're uncertain about your entitlement to compensation for the defective part, you can quickly clarify your position using our free Refund Rights Checker.
But the Act states that items sold should be safe, as described and fit for the purpose for which they’re being sold – and from your description, this plumbing part was not. It also allows a 'reasonable' amount of time for you to check the item and return it to the retailer if necessary for a refund, replacement or repair. Note that the Act specifies the retailer, not the manufacturer. You can also claim compensation, although in practical terms that would really just amount to refunding your purchase price in most situations. No specific time frame is given, although as after six months you have to prove the item was at fault for the retailer to have responsibility, then six months might be deemed reasonable.
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Try our Faulty Goods Rights Checker free, here on this site →If you bought the item from a private seller, things become a little different. The only provision is that the goods aren’t misrepresented to you, and it could be argued that here the item was, as it was sprayed after grinding to hide the fault. In that case, you could claim compensation.
As the seller is refusing to accept responsibility, it looks as if your option is to take him to small claims court – which is an easy and cheap process. You will hopefully have records of the purchase, and of trying to return the item within the six month period, as well as evidence from your plumber regarding both the fitting and failure of the part, and the reason it failed, as well as the costs associated with repairs to your home from the damage. On the basis of what you’ve said, with those you should be able to obtain the full amount, including that £285, from the seller, although nothing is set in stone, of course.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Within a year, it wouldn't shut properly and became stiff and grinding.
We had registered a guarantee with the shower door manufacturer and so contacted them.
We had to,pay £65 refundable deposit for them to come out in case of non fault on their behalf.
Transpires that the door is faulty and they have agreed to supply a replacement.
They will not fit it.
Who is responsible for paying for the refit?
The door subsequently wouldn't shut and made a grinding noise and was too stiff to open or close.
We had registered the shower door with the manufacturers and so contacted them.
Today an engineer came out and acknowledged that the door is faulty; apparently the glass inside had dropped possibly in transit.
They have agreed to supply a new door to us, but will not fit it.
Who is responsible for paying for the fitting of the new door as it doesn't seem fair that it should be us.
Thanks
We contacted the plumber who said we had to contact the manufacturer to send out an engineer to check it.
I believe that as the plumber brought and fitted the shower, he should come, inspect, repair or replace as necessary. Am I right.
We bought a brand new home from bloor homes. we had leaks from both showers within a week which was fixed by the builder. after 2 weeks of buying the property my wife returned home with my ill child to a flooded house with 2 inches of water in the kitchen spreading into the living room. We were made homeless for 5 days as they were repairing it. We incurred over £2500 of damage to our personal things including irreplaceable wedding presents and my daughters favorite toys. This was the house we have struggled and worked so hard for for over 2 years and the stress and nightmare of the whole process has been unbearable. The builder is now only prepared to pay out £2500 with no compensation or additional costs which includes unpaid leave from work to sort the problem the excess water bill not to mention our electric bill as we had 3 industrial dehumidifiers on for 4 days solid to dry the house out. We had to stay with family with a ill child with chicken pox in a state of chaos.
The builder has put pressure on us to settle without using insurances and solicitors and we desperately need to know if we have a case for compensation or to settle with the builder and accept the loss of money or if its worth to get a legal advisor involved.
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