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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience:  Over 5 years in practice
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Purchased online bathroom cabinet, bathroom basins unit cost

Resolved Question:

purchased online bathroom cabinet, bathroom basins unit cost of £900, glass from units above basins fell from the units smashing the glass and damaging the basins below, supplier not willing to replace basin units as they say they did not supply faulty basins and the manufacturer are not prepared to replace the damaged basins going through house insurance is their response does the supplier or the manufacturer hold any responsibility
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
When did you purchase?
Did you pay by visa?
Customer: replied 1 year ago.
purchase was made 09/05/2015 by visa incident happened 19/11/2015
Expert:  Jo C. replied 1 year ago.
Are they UK based?
Customer: replied 1 year ago.
yes supplier based in bowburn, county durham
Expert:  Jo C. replied 1 year ago.
Ok. What caused the fall?
Customer: replied 1 year ago.
faulty cabinet mirror just fell from the cabinet during the night if someone had been using the basins at that time could have caused serious injury falling from a height
Expert:  Jo C. replied 1 year ago.
Did they supply the mirror with the cabinet?
Customer: replied 1 year ago.
yes mirrored triple mirrored cabinets and double basin unit all purchased as a package 1 payment made for all
Expert:  Jo C. replied 1 year ago.
Ok.
Surely the seller supplied both the cabinet and the basin?
Customer: replied 1 year ago.
absolutely but they are claiming as they are only the supplier the responsibility lies with the manufacturer, the manufacturers are not prepared to do anything about the damage caused by the falling mirror as they say the basins were not faulty when supplied and i agree they were not , they likened it to a car crash with regards ***** ***** claim and should be made through home insurance i stated that i did not want a refund just a replacement both the supplier and the manufacturer are not accepting any responsibility for any damage caused by the falling mirrors
Expert:  Jo C. replied 1 year ago.
That is nonsense.
Your contract is with them. They are bound by the SGA and other consumer protection. The responsibility is theirs.
If they choose they can sue the manufacturer. They can claim on insurance. They can do nothing. That is a matter for them.
They have a duty to you to make the remedies under law available.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
can you clarify my position and my rights, any possible route i can take to get them to take my grievance seriously as i am hitting a brick wall with e-mails or telephone conversations does the sga give me anything i can specifically use to get them to sit up an take notice, as i am going round in circles with no end in sight
Expert:  Jo C. replied 1 year ago.
Well, you cant force them to comply with the law. All you can do is sue if they don't.
If the mirror fell upon the basin then the inference is that the mirror was a faulty product. Therefore they have a duty to replace that or offer a refund or an exchange.
The basin is more complicated as that wasn't faulty. It has just been damaged as a result of consequential loss and that is not claimable under the SGA. However, you could drop down on the basic law of contract which will contain an implied term that anything supplied is of reasonable quality and in that way you can claim consequential losses - e.g a replacement basin.
They are not going to agree with this though. Your only option is to sue if they do not.
Customer: replied 1 year ago.
so what you are saying is under sga i will not be able to claim for the basins other than taking them to court, is this a viable option
Expert:  Jo C. replied 1 year ago.
Not under the SGA but you could under the general law of contract.
Yes, you could sue. It is easy enough to do.
Customer: replied 1 year ago.
ok thank you for your information not sure where i will go with this feel very let down by this company seems like their way to deal with this is to wear the customer down
Expert:  Jo C. replied 1 year ago.
Yes, that might be right.
It depends how far you are willing to go.
I would just send them one letter giving them 28 days to make payment and making clear you will sue in default.
If they do not pay then issue against them.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
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