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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47340
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We had a limestone fireplace installed in our house 18 months

Resolved Question:

we had a limestone fireplace installed in our house 18 months ago by a reputable local firm.
I've just noticed a crack appear in the hearth who's responsible?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Do you know what may have caused the crack? Was the hearth supplied by the installer?
Customer: replied 1 year ago.

we don't know what caused the crack. the hearth was supplied by the installer.

Expert:  Ben Jones replied 1 year ago.
Your rights will depend on whether this was a faulty hearth or if it was a faulty installation. However, as it was supplied by the installer who also installed it, your rights will be against them in both cases. If this was a faulty hearth, then you will have rights under the Sale of Goods Act as well as the Supply of Goods and Services Act. The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage or faults that were pointed out at the time of sale. The issue is that you only have about a month to reject the item and get a refund, after that you are only allowed a repair or replacement. Also if the fault occurs within the first 6 months after purchase, the law assumes that the item did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the fault occurs more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale. So at this stage if they disagree that the hearth was not fit for purpose it is down to you to prove otherwise. So you can contact the installer and ask them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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