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I purchased laminate flooring which proved to be faulty, although the seller is now willing to replace it (after much ado) he said I have to pay £200 to have the replacement fitted as I never had it fitted by them origionally, Is this right? surley I should be compensated for the laying of the flooring.
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212you bought the flooring from A ... you then got B to chop it up and lay it ... now the flooring turns out to be faulty ... A is saying they'll replace the flooring which is what they supplied originally ... they never laid it ... of course ... I'm surprised they aren't saying that B caused the failure and giving you nothing.
I presume they weren't involved in the contract with B, so shouldn't compensate for it.
Posted on 23 February 2010 |
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0hi chez are you getting the same guy to lay the flooring again because he was sopose to check the product or noticed faulty while laying the laminate flooring down or did you notice at the end when it was all completed? also who notied it you or the fitter as he should refit it again for not checking properly or atleast charge small fee for his 1 days of work
Posted on 23 February 2010 | Love 0 loves
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0the fitter should take some responsability atleast you should get him back again to check teh faulty flooring or to sort it out explain the situation. i had my laminate flooring done at the property which is rented out he gave me 10 years gurantee afte fiting if anything wud happen to the flooring he will come out and replace them for free i just provided the materials
Posted on 23 February 2010 | Love 0 loves
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804 0Thanks for your response peeps...I bought the flooring and I had it laid independantly as on the sales invoice it said the room had to be clear...when my man did it (professional) I noticed some of the boards were runnning the wrong way, a bit like the nap on velvet,it was not the layers fault as it is tongue and groove, after about 3 months where my husband sits the pattern rubbed off the boards and it is white, I told the seller and he gave me the jargon he must get in touch with the manufacturer I went and sought some information and after a couple of months the seller said ''as you know your rights ''I will replace it!!!!!and said he would take the old floor away and lay the new , so go pick some new stuff out...when I picked the new stuff out he reneiged on his deal and said I have to pay to have it re laid.It willmake me the buyer £200 out of pocket....
Posted on 23 February 2010 | Love 0 loves
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0I might add to this when you purchase anything and the seller says he has to see the manufacturer first it is a load of bull the sale is between you and the seller He has to get in touch with the manufacturer not You...., My flooring was not through the fault of it being laid, it was faulty goods.
Posted on 23 February 2010 | Love 0 loves
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272Sale of Goods Act 1979:
Part 5A Section 48A
(1)This section applies if
(b)the goods do not conform to the contract of sale at the time of delivery
(3)For
the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.
Section 48B
(1)If section 48A above applies, the buyer may require the seller—
(a)to repair the goods, or
(b)to replace the goods.
(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair
or, as the case may be, replace the goods within a reasonable time but
without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
(5)Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—
(a)the nature of the goods, and
(b)the purpose for which the goods were acquired.
Bam. Hit them with that and watch them squirm. The goods were acquired to cover a floor, and they were not of satisfactory quality when delivered. The seller must replace them and bear any necessary costs incurred. As they are intended as a floor covering, the seller must replace them on the floor.
Full text of the SOGA is at
http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1979/cukpga_19790054_en_6#pt6-l1g55
If they keep whinging, you can print it out and show it to them.
Posted on 23 February 2010 | Love 1 love
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0In future, there is an independant inspections service that other wood flooring companies I know use. For around £90, they will come out and check the state of the flooring, how it was laid and basically work out whose responsible for the error. Hope this helps anyone with a similar problem.
Posted on 06 September 2010 | Love 0 loves
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