liability for consequential costs of faulty products

[mvincentd]

Anyone have any experience or expertise on this subject?

I purchased a skylight, supply only, fitted it, and subsequently identified a fault, which the supplier acknowledges.

The supplier is providing a replacement, delivering it and taking away the faulty one.

The suppliers warranty excludes responsibility for gaining access to the upstand.

That leaves me footing the bill for a crane and glass lifter to take off the faulty one and crane on the new one, approx £1k. There's potentially further expenses in remediating the upstand and membrane depending on what it takes to release the skylight which regrettably is on there with ct1.

 

I've had numerous stories cited to me that make me believe the supplier is liable for all costs to restore my situation to one with a skylight in place and working as it originally should.

[AliG]

Many companies put such exclusionary clauses in their Ts&Cs. They are often not enforceable under the Unfair Contract Terms act or the Unfair Terms in ConsumerContracts Regulations.

 

However, you would need to take to to court to rule on this. I think businesses just put in these unreasonable clauses in the hope it puts people off arguing with them.

 

I would write them a letter pointing out how the above rules may apply to their contract and say that you will take them to small claims court if they do not pay up. You have very little to lose.

[Declan52]

How heavy is the sky light that you need to crane it in???

[mvincentd]

The need for the crane is not in debate...weight is only 1 factor..it's site conditions and position too.

260kg

 

8 hours ago, AliG said:

Unfair Contract Terms act or the Unfair Terms in ConsumerContracts Regulations

Thanks, that gives me the applicable legislation to investigate.

[Mr Punter]

Blimey you have not had much luck with this, have you?

[mvincentd]

Not lots of luck ,no.  I have generally looked to blame myself first and foremost for all the hiccups in the build, but when stock items on a supply and fit basis are perpetually failing on me I do wonder if it's just a curse!

Despite all this i'd still (and have) recommend the skylight company.  They are being extremely helpful, including trying to help mitigate the costs.  It is their only shortcoming that they are clinging to the warranty terms.  That much is disappointing, though I do have fair confidence now that I will ultimately win a claim.