Faulty Bathroom Who is responsible

[Shenstone]

Hi,
We had a new bathroom installed earlier this year.
This was installed by a self employed bathroom fitter who ordered the parts from a local retailer.

One of the cabinets started to split at the bottom in two places.
We contacted the manufacturer (Roper Rhodes) who asked us to send in the receipt and pictures of the fault, which we did.
After chasing them for a response they have now responded by saying:
"we are going to have to refer you back to your retailer with whom your contract is with and they will be able to order the replacement parts that you require".

I do not have any contract with the local retailer. The company that fitted the bathroom ordered these parts.
Who is responsible? The goods are clearly faulty so I assumed this was Roper Rhodes.

Thanks
David

[supremetwo]

The purchaser needs to make the claim - in this case your fitter.

He/she might also want to claim from them for the work needed to replace.

[pochisoldi]

Hi,
We had a new bathroom installed earlier this year.
This was installed by a self employed bathroom fitter who ordered the parts from a local retailer.

One of the cabinets started to split at the bottom in two places.
We contacted the manufacturer (Roper Rhodes) who asked us to send in the receipt and pictures of the fault, which we did.
After chasing them for a response they have now responded by saying:
"we are going to have to refer you back to your retailer with whom your contract is with and they will be able to order the replacement parts that you require".

I do not have any contract with the local retailer. The company that fitted the bathroom ordered these parts.
Who is responsible? The goods are clearly faulty so I assumed this was Roper Rhodes.

Thanks
David

This is a simple contract issue, and the answer is to simply follow the money:

In your case:
You paid money for a bathroom to the fitter (Your contract is with the fitter)

The fitter paid money to a retailer for a cabinet (The fitter has a contract with the retailer)

The retailer paid money to the manufacturer (the retailer has a contract with the manufacturer)

Now if you bought the goods and had the fitter install them, then it would become:
You paid money to a retailer for a cabinet (Your contract is with the retailer)

The retailer paid money to the manufacturer (the retailer has a contract with the manufacturer)

Note that in both of these cases the manufacturer is quite within their rights to say "Not my contract, bye!"

PochiSoldi

[jfgw]

This is a simple contract issue, and the answer is to simply follow the money:

In your case:
You paid money for a bathroom to the fitter (Your contract is with the fitter)

The fitter paid money to a retailer for a cabinet (The fitter has a contract with the retailer)

The retailer paid money to the manufacturer (the retailer has a contract with the manufacturer)

Now if you bought the goods and had the fitter install them, then it would become:
You paid money to a retailer for a cabinet (Your contract is with the retailer)

The retailer paid money to the manufacturer (the retailer has a contract with the manufacturer)

Note that in both of these cases the manufacturer is quite within their rights to say "Not my contract, bye!"

To clarify, Your claim is with whomever you bought the cabinet from. If you paid the fitter for the cabinet, your claim is with the fitter (i.e., don't follow the money any further than the entity you personally dealt with).

The retailer or manufacturer may help you (and, in some cases, it may be easier or quicker) but they don't have to.

Julian F. G. W.

[Shenstone]

Thanks everyone for your replies. Very clear now.
Thanks
David

[AF62]

Your claim is with whomever you bought the cabinet from. If you paid the fitter for the cabinet, your claim is with the fitter (i.e., don't follow the money any further than the entity you personally dealt with).

The retailer or manufacturer may help you (and, in some cases, it may be easier or quicker) but they don't have to.

Not disagreeing with the legal analysis at all, but just to add that is interesting how different some manufacturers operate and as a result make things awkward for the end consumer. I had something similar recently but where the manufacturer, Merlyn Showers, was far more helpful than the manufacturer in the OP's case.

I had a new en suite shower room refitted, with the plumber providing the materials and labour. The glass should have had an easyclean coating and although the door did the side panel didn't.

I could have taken it up with the plumber but I thought I would contact the manufacturer in the first instance to check that I wasn't imagining the issue. They asked if I could send them a WhatsApp video of the issue and they instantly agreed there was a problem. They asked for a copy of the invoice, so I asked the plumber if they could email a copy to the manufacturer (easier as I thought the plumber might be reluctant to show the price they paid) and they were happy to do so.

The manufacturer organised delivery of a replacement panel and one of their subcontractors to come and swap the panels within a fortnight, far less hassle than the OP was being forced to go through.

[Dod101]

Interesting that because I had a similar situation with another shower manufacturer and they sent their own rep to take a look and eventually solve the problem. I think they wanted to preserve their reputation. What may or may not be the strict legal situation does not always apply. The installer is not the one with the problem; the end user is and in fact I was handed the manufacturer's guarantee by the installer, so the deal was between me and the manufacturer. I guess there is no black or white rule.

Dod

[AF62]

Interesting that because I had a similar situation with another shower manufacturer and they sent their own rep to take a look and eventually solve the problem.

For me it was their suggestion to use WhatsApp to show the problem that I thought was interesting, and saved them needing to send anyone to take a look and got the problem solved quicker. It showed to me that some companies know how to use the technology out there to make their lives (and the customer experience) better.