Compensation For Additional Labour Charges paid due to receiving Damaged Item

[clarkenuttal]

I recently ordered a Vanity unit from Bella Bathrooms (online store).

 

 

After receiving and installing I found a pin hole size mould crack at the bottom of the sink (manufacturing fault).

This was causing a leak under the wash basin.

 

 

After contacting Bella Bathrooms they agreed to replace the damaged sink for a new one

 

 

however I have following 2 issues

 

1) I will now have to pay one day plumber call out charges £100 for removing the old sink and replacing and sealing the new wash basin.

 

2) After agreeing to deliver the item I've now been told that they wouldn't have same item in stock until June which is nearly a month away.

I will be suffering as currently installed sink is leaking due to having a mould crack.

 

Can someone kindly advise if I am entitled to claim £100 that I would now have to pay to re install my wash basin

(this doesn't even include any extra cost such as cost of silicone and other materials that I would have to pay to re seal the wash basin),

and what are my options apart from waiting until June.

 

 

Am I covered by any rights as this purchase was not physically made with in a store?

 

At present I've contacted Bella Bathrooms to get compensated for £100 labour charges and they have blatantly refused saying its not their policy.

 

Any help will be highly appreciated

[clarkenuttal]

Guys I am short of time does anyone have relevant experience in such a thing?

 

 

Can I hold Bella Bathroom liable for £100 labour charges I would incur as result of them delivering damaged wash basin?

[BazzaS]

I recently ordered a Vanity unit from Bella Bathrooms (online store). After receiving and installing I found a pin hole size mould crack at the bottom of the sink (manufacturing fault). This was causing a leak under the wash basin. After contacting Bella Bathrooms they agreed to replace the damaged sink for a new one however I have following 2 issues

 

1) I will now have to pay one day plumber call out charges £100 for removing the old sink and replacing and sealing the new wash basin.

2) After agreeing to deliver the item I've now been told that they wouldn't have same item in stock until June which is nearly a month away. I will be suffering as currently installed sink is leaking due to having a mould crack.

 

Can someone kindly advise if I am entitled to claim £100 that I would now have to pay to re install my wash basin (this doesn't even include any extra cost such as cost of silicone and other materials that I would have to pay to re seal the wash basin), and what are my options apart from waiting until June. Am I covered by any rights as this purchase was not physically made with in a store?

 

At present I've contacted Bella Bathrooms to get compensated for £100 labour charges and they have blatantly refused saying its not their policy.

 

Any help will be highly appreciated

 

Guys I am short of time does anyone have relevant experience in such a thing? Can I hold Bella Bathroom liable for £100 labour charges I would incur as result of them delivering damaged wash basin?

 

First, they say "it isn't their policy", but

a) why isnt it their policy? Are they disputing it in an inherent fault?

 

b) If they accept it is a fault, is it in their terms and conditions?.

 

Even if it is in their T's & C's, you may still be covered : did you buy the item as a business or as a consumer?.

 

Even if it is in their T's and C's as an exclusion clause, it is possible that if you bought it as a consumer that such an exclusion clause wouldn't be enforceable.

 

If they don't have a valid "get out clause", then yes, I believe you can recover the costs to fit the replacement sink.

 

This would be because:

1) You paid for a sink, and for it to be fit for purpose / of "merchantable quality" : a sink shouldn't leak,

 

2) If it is faulty and needs replacing then it "flows naturally from the breach" (breach of contract) that you would have to get a plumber to replace the sink.

If you had to pay for a plumber to put the faulty one in, you have paid once already, and the aim of damages is to put you (as far as is possible

) in the position you would have been had the contract been fulfilled.

 

Things get more complex if they have instead said "The sink wasn't faulty : the installation was faulty" or "The sink wasn't faulty, but was damaged later".

[SabreSheep]

Hi there

 

I have moved your thread to a different forum where it may attract more attention.

 

Although since moving it, It appears someone has replied

 

Regards

 

SS

[clarkenuttal]

Many thanks for reply.

 

 

Its definitely the sink that is faulty not the installation.

 

 

It has a pin hole size mould crack which is manufacturing fault.

 

 

I've written again to Bella Bathrooms and given them 72 hours to resolve the issue.

If they don't agree can this be raised to any Ombudsman, OFT or appeal?

[clarkenuttal]

I have sent following email to Bella Bathrooms using Bazzas's message as template (many thanks Bazzas's without you it wouldn't have been possible)

 

Hi,

I have still not been in receipt of my wash basin which you said would be delivered by the manufacturer.

Can you explain why is that taking so long to re deliver a wash basin?

 

For my compensation please be advised that I paid for a sink, and for it to be fit for purpose / of "merchantable quality" :

a sink shouldn't leak (which in this case is leaking due to sink having a manufacturing fault i.e a pin size mould crack).

 

Since it is faulty and needs replacing it "flows naturally from the breach" (breach of contract) that I would now have to get a plumber again to replace the sink.

 

 

I have already paid for a plumber to put the faulty sink in, and the aim of compensation/damages is to put me (as far as is possible)

in the position I would have been had the contract been fulfilled.

Since currently by you not agreeing to pay me for damages which have risen due to you not fulfilling contact obligations I must inform you that from this point onwards:

 

1) I am giving you 5 working day's notice to re deliver me a same working wash basin unit that was originally ordered.

 

2) I am giving you 5 working day's notice to resolve my issue with compensation.

 

3) I am giving you notice that if issues regarding my order and compensation are not resolved with in time lines

mentioned I would have no options but to raise this matter with OFT and Trading Standards and take this issue to small claims court if deemed necessary.

 

4) Since to resolve a very simple issue is taking me a lot of my precious time I would from this point onwards be charging you a flat rate of £25/hour

for writing any correspondence I send you and for working on writing to relevant bodies in relation to my case.

This includes but is not limited to working on preparation of case to OFT, Trading Standards and small claims court

(if the issue doesnt get resolved and this matter ends up in small claims court).

 

5) Please have all correspondence by email and that I would now like to deal with this matter ONLY IN WRITING.

 

Please be advised this unneccessary delay from your end is causing a lot of stress to our whole family

which includes 2 little children as our family is currently has limited use of wash basin facility due to original wash basin received being damaged containing manufacturing fault.

 

 

Your urgent help in this matter is sought and will be highly appreciated.

 

Regards

[dx100uk]

sale of goods act.

and/or

section 75 if you paid by a credit card

 

and as this was an online purchase

the following also applies

[clarkenuttal]

Thank dx100uk,

 

I've just read the attachment you've sent me.

It mentions under part 5 that if trader doesn't deliver good (unless agreed by consumer) in agreed time frame

or in any circumstances within in 30 days the contact will be termed void.

 

 

The original order was delivered within time, does it apply to delivery of goods being re delivered second time?

 

Also attachment doesn't deal with compensation side of it,

I believe all it says it once contract is over trader should refund me my money but

 

 

at the moment issue is

 

1) I need the item

2) I would have to pay to plumber again to take the old basin out and re fit a new wash basin.

If the order is simply cancelled I would have to get same wash basin from another place and this issue would still remain.

 

Am I missing anything here?

 

 

Is there any particular thing that talks about compensation to recover damages due to trader breaching is contract?

[dx100uk]

ok well one of three doesn't appear relevant

 

 

but what about the other two

 

 

SOGA should be relevant surely

under consequential losses

if that's what its called?

 

 

dx

[dx100uk]

http://www.google.co.uk/cse?cx=partner-pub-8889411648654839:5684273140&ie=UTF-8&q=SOGA+and+conseqential+losses&sa=Search+the+Web#gsc.tab=0&gsc.q=SOGA%20and%20conseqential%20losses&gsc.page=1

[clarkenuttal]

I've received a reply from Bella Bathrooms

 

 

Hello My Name,

 

Thank you for your email.

 

As stated previously, we are unfortunately unable to cover any fitting costs and offer compensation.

 

As also stated previously, the email stating the item was out of stock was sent to the email address on your account, (my wife's account) 2 weeks ago on the 11th May. Unless we have communication, it is assumed the customer is OK to wait the extended lead time, hence no further communication.

 

Unfortunately manufacturing defects, such as pin-sized holes, are inevitable. All our products are of high quality and go through quality checks, however from time to time defects can occur during the manufacturing process and aren't picked up on until the end user comes to fit/has fitted the item.

 

As you are aware, we have done our utmost to get you a new basin by acting on this issue immediately, however as you can appreciate the item is out of stock with the manufacturers until June, therefore we won't be the only suppliers experiencing this issue.

 

For this issue, we do apologise as we want you to have a fully functioning replacement much quicker than this, but unfortunately the item is out of stock until w/c 15th June. Furthermore, if there was an alternative basin which would fit the vanity unit we would have notified you, but unfortunately this is not an option.

 

Sorry for the inconvenience of this issue

 

Kind regards

xxxxx

Bella Bathrooms Ltd.

 

They sent my wife an email on the 11th of May knowing it was me dealing with this issue instead which she never checked.

 

It can be clearly seen that they wont be able to deliver correct item before 15th of June 2015.

 

This is way beyond the 30 days time frame listed in consumer protection which calls a contract void if not fulfilled with in 30 days.

 

They have also not made an attempt to fetch it from anyone else or agreed compensation for damages (re fitting charges)

arising due to them failing their contractual obligation.

 

They don't even seem to be making an effort towards resolution of this issue.

 

In these circumstances what should my next step be?

 

What options do I have available at this point?

[clarkenuttal]

Can someone Please help me? I want to know knowing their response above what choices/options do I have available to me apart from waiting?

[dx100uk]

read the damages section here

 

search engines are very useful you know..

 

http://www.tradingstandards.uk/cgi-bin/shropshire/con1item.cgi?file=*adv0043-1011.txt

[clarkenuttal]

read the damages section here

 

 

search engines are very useful you know..

 

 

http://www.tradingstandards.uk/cgi-bin/shropshire/con1item.cgi?file=*adv0043-1011.txt

 

 

 

Thanks dx100uk

Got my answer regarding Consequential Losses. I now just want to know what are my available options knowing their response? County Court or Trading Standards?

Many Thanks again

[dx100uk]

how did you pay?

 

 

dx

[clarkenuttal]

how did you pay?

 

 

dx

 

 

 

By Debit Card if I am not wrong

[dx100uk]

might be worthy to investigate what part a threat of chargeback could have

 

 

pers most on here would be pointing you toward a court claim.

 

 

dx

[clarkenuttal]

might be worthy to investigate what part a threat of chargeback could have

 

 

pers most on here would be pointing you toward a court claim.

 

 

 

dx

 

I've had further communications with them to no avail. I've sent them copy of trading standards and pointed out they are in breach of contract by not delivering me item within 30 days and that they were responsible to meet additional cost as they arise as per trading standards but they've again completely shut me out by saying "AS PREVIOUSLY SAID WE CANT...." I gave them multiple choices from obtaining it from other manufacturer (I even offered to look for item for them), to substitute the item and even they can get their plumber of their choice to install if they could get it done cheaper but none of this was acceptable to them.

I am now thinking of looking into getting the matter with trading standards but will need to read on how to do that as I have never had any experience of such nature and have never been involved with any trading standards or county courts. Once I would know how to go about it I would be making a move.

In the mean time if anyone here can help me point to right direction I would be very greatfull this whole situation is really stressing me out!!!