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Faulty bath - manufacturer not accepting liability

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Old 06 December 2013, 02:31 PM
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drb5
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Question Faulty bath - manufacturer not accepting liability

2 years ago, come March, we had a brand new Jacuzzi Pro bath fitted by our friendly local plumber. It was purchased by his company from their usual supplier, but around 5-6 months ago, I noticed an issue.

Near the plug, on the vertical side of the bath, there looked like a crack and when touching it, it flexed, as though it was a pours bubble and half had cracked away the gelcoat(not leaking btw). Also, the same area has discoloured.

I got onto the plumber, who told me to contact Jacuzzi and the sent an engineer, whom I missed, but the Mrs let him see the bath. After some time and pestering Jacuzzi, then eventually told me it wasn't a manufacturing fault and basically "tough".

Now I haven't left it be, as that's carp in my eyes and I've been offered a new bath from the supplier, but I need to pay the fitting etc.

Is there any routes I can take? I really, really want to bad mouth a company who is meant to sell quality units...
Old 06 December 2013, 02:39 PM
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alcazar
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Your first port of call should be the supplier anyway, shouldn't it?

I understand your frustration, but I would press them for some help with installation, then go from there.

And bear in mind that many companies are still trading on reputations gained in better times
Old 06 December 2013, 02:45 PM
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mamoon2
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I had the same thing mate.

I bought a special custom made bath which cost me a fortune. Now, I had to remove a stud wall to get the bath in as it was so big... Here's where the problem starts... I fitted the bath, re-instated the wall and tiled with Natural Stone.

After 2 months, a crack appeared in the bath.

The manufacturer (I bought direct) tried to argue but after sending an engineer out, agreed it was a manufacturing defect. They agreed to supply a new bath..... However, the wall would have to come down including natural stone tiles and as you can't order more tiles, as it would be another batch and not match, the whole bathroom would need to be re-tiled.

After much arguing they agreed to pay £700 and a new bath. I accepted, only because I knew I could get the bath repaired for £100 and keep the new bath and the £700 aside for one of my other houses. However, if i would have had to take the wall down it would have been thousands.

So.... 3 options for you.

1. Get the bath repaired. Google it. The guys that do this are wizards! Did an amazing job on mine. Send the bill to the manufacturer.

2. Accept new bath and get old one repaired. Sell new one on eBay

3. Take your plumber to court! Yes!.... Your plumber sold you the bath so is legally liable for any faults. If you tried to take the manufacturer to court it would be thrown out on the basis that you didn't buy it from them. Liability lies with the person you bought the bath off.

Ask you plumber to come and fit the new bath or you will take him to the small claims court. HE is responsible NOT the manufacturer, even though they have offered a replacement. They are simply doing this of goodwill
Old 06 December 2013, 04:33 PM
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Midlife......
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Mamoon2 is right in that the contract you have is with the plumber.........he should not have asked you to contact the manufacturer direct.

They should re-install it for you as well, what they are not entitled to do is make good any other deterioration (Betterment).

Shaun
Old 06 December 2013, 06:13 PM
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alcazar
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Is the contract not with the supplier? Not the manufacturer, and not the plumber?

The plumber is an intermediary, and never owned the bath?

Just seen his company bought it, so maybe HE could take it up with the supplier?

And THEY will pass on costs to the manufacturer, as they should.

Last edited by alcazar; 06 December 2013 at 06:15 PM.
Old 06 December 2013, 06:43 PM
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Turbohot
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I'm hearing of such problems so often these days! Someone was so stressed about their solar panels fitted on the p!ss, someone was saying that their newly installed shower/steam room is leaking, some are saying their e-cig went bust after 2 days of using it. What happened to proper jobs? Those were the days when anything anyone did for anyone was a pukka thing! That's the reason I stick loyal to my old gas system in my house. Some of my friends who have had new fancy systems installed are always complaining about them. Same with kitchens, lights and other things.

I'd like to upgrade my bath. I'd love a ceramic, Victorian white bath in the centre of my bathroom. The one with outward, floral legs. But after listening to the hassles that people face with re-installations, I'm not sure if I'll bother.
Old 06 December 2013, 06:52 PM
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drb5
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Ok thanks guys.

Sounds like I'll need to be doing some discussing...

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Old 06 December 2013, 09:07 PM
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RobsyUK
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Your contract is with the plumber. It's up to him I go to the manufacture.
Old 06 December 2013, 09:10 PM
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lordharding
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Originally Posted by Turbohot
I'm hearing of such problems so often these days! Someone was so stressed about their solar panels fitted on the p!ss, someone was saying that their newly installed shower/steam room is leaking, some are saying their e-cig went bust after 2 days of using it. What happened to proper jobs? Those were the days when anything anyone did for anyone was a pukka thing! That's the reason I stick loyal to my old gas system in my house. Some of my friends who have had new fancy systems installed are always complaining about them. Same with kitchens, lights and other things.

I'd like to upgrade my bath. I'd love a ceramic, Victorian white bath in the centre of my bathroom. The one with outward, floral legs. But after listening to the hassles that people face with re-installations, I'm not sure if I'll bother.

Lot of truth I that The house I bought 18 years ago old boiler had been working for thirty years and never Been serviced
Just replaced my boiler after 12 years
Kettles, hovers ,toasters and other bit and pieces only last a year or so

Throw a away market nowadays

I like my old bath which is 75 years Old and is solid and will see me out
Old 06 December 2013, 09:16 PM
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Busterbulldog
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They have offered you a new bath,the same as the one you have,its a straight swap..an hour or twos work,its not the plumbers fault pay him to refit the new one and give him coffee and biscuits.
Old 06 December 2013, 09:20 PM
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Turbohot
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Originally Posted by lordharding
Lot of truth I that The house I bought 18 years ago old boiler had been working for thirty years and never Been serviced
Just replaced my boiler after 12 years
Kettles, hovers ,toasters and other bit and pieces only last a year or so

Throw a away market nowadays

I like my old bath which is 75 years Old and is solid and will see me out
Your old bath is 75 years old? I bet that solid antique has an amazing character as well.
Old 06 December 2013, 10:05 PM
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lordharding
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When I got the house of a couple of old retired farmers the lounge carpet was immaculate but as I was extending the room I lifted it up and it had been down 40 years as the carpet fitter had put the date on it I used it in the garage for another ten type are after that
The dining room carpet was same age and I used it when I dug out the pond as a inner liner before I out the pond liner in


Don't think the bathroom had been used as they had a another bathroom downstairs and a fireplace in the kitchen
It had old 3 point pins sockets and a nail in the fuse box to stop the electrics tripping

I was a brave man to buy it but I used to buy up old properties when I was young and fit and do them up

Things won't last like they used to
Old 07 December 2013, 10:50 AM
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alcazar
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Modern stuff seems more complicated for various reasons, cars, boilers, elctronic goods, because a) we want it to DO more, and b) we want to save energy....although why that last one, heaven only knows, because IF we do, they will only bang the prices up to compensate: they MUST make profits!!!

The result of all this new technology is more frequent breakdowns that are more expensive when they occur.
The DPF is a case in point, as is the dual-mass flywheel.
Old 07 December 2013, 01:41 PM
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Turbohot
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Yes, lordharding and alcazar. I strongly believe that old is gold. I don't throw away my old things to keep up with modernisation, and replace them with some new blingy tack. For example, my old nut cracker was so pukka that it ran for years (didn't literally run on its invisible legs or something, but you know what I mean). Once it went missing, I had to start buying new ones 4 years ago. They are so bad that number1- they have slippery and badly measured holds/settings; number2- their screw comes off after trying to crack a few walnuts. Since the old one has disappeared, I've had 4 new ones on annual basis, and all of them proved to be disgracefully useless! For all those 4 Christmases, I've had to revert to the stone age, and crack dry nuts on flat rock with a mighty big sea pebble that I gather around my trees in my garden. I just have to be careful of my fingers while I hold the nut with one hand on the flat rock. No problems so far.

I also have 25 years old cooking pans, and they're going strong. Whereas my George Foreman Lean Mean grill machine started to lose its mojo (it stated to lose its non-stick black coating, and you could see the metal underneath) after 2 years of occasional use. Goes to show.
Old 07 December 2013, 02:50 PM
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drb5
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Originally Posted by Busterbulldog
They have offered you a new bath,the same as the one you have,its a straight swap..an hour or twos work,its not the plumbers fault pay him to refit the new one and give him coffee and biscuits.
Not just a couple hours unfortunately. It's a large bath, that has had the tiles fitted right down to the edge. Toilet would need to come out, etc and what happens when you disturb stuff once fitted...something goes wrong.

Plumber has been out today to finally see it for himself and he's suggested speaking to the supplier about them forking out for the repair, instead of offering the new bath. Going to mull it over first, before committing to anything.
Old 07 December 2013, 04:14 PM
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mamoon2
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Originally Posted by drb5
Not just a couple hours unfortunately. It's a large bath, that has had the tiles fitted right down to the edge. Toilet would need to come out, etc and what happens when you disturb stuff once fitted...something goes wrong.

Plumber has been out today to finally see it for himself and he's suggested speaking to the supplier about them forking out for the repair, instead of offering the new bath. Going to mull it over first, before committing to anything.
It cost me £100 to repair my bath and he did an amazing job. Sanded it down, put new fibreglass or whatever it is in and then re-sprayed the section.

The manufacturer may not like this option as they cannot honour any guarantee after a repair by a third party like this. Plus it would probably be cheaper for them to replace the bath.

BUT.... don't let your plumber fob you off! He is responsible to put all of this right, including dealing with the manufacturer
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