Have i got a case?

[And1]

I bought a shower tray off a company and fitted it myself, now it seems that the tray has been cast wrong and is faulty, the company says it will only supply a new tray and that because they did'nt fit it it resolves them from having to do anything, what i want to know if it's worth trying to get the company to pay for the re-fitting of the shower tray or at least a contribution towards the cost.
Or Is it possible for me to rip the old tray out, take it back, ask for a refund on the tray then get the work done by someone else and try billing them by going through the small claims court? There is an issue with time as well, i do have another bathroom but i want to get this sorted asap. Thanks

[dot.hawkes]

I think you are being treated fairly by them and their offer to replace is enough to expect.

[Oneeyedvic]

I'm not so sure - if the tray is faulty, I think you can have some recourse with them - so long as you did nothing to the tray yourself that could have damaged it and the work was done to a professional standard.

Imagine if you purchased a faulty brake from a garage and it subsequently failed crashing your vehicle - you wouldn't be happy with just a replacement brake pad would you?

I think a nice letter to the manager / owner and if no joy, I would certainly seek redress from the courts.

(Don't forget to take photos of it now)

[And1]

Thanks for the replies.

Regarding the fitting, as the tray is one of the resin stone ones that doesn�t move and the glass door has to sit on top of it exactly level so there was not a lot that could go wrong. The tray has not been damaged or changed in any way, even one of the staff at the shop said that "if the tray is level and the water doesn�t drain away there's something defiantly wrong with the casting"

Thanks

[BenDToy]

Absolutely correct Vic, but your example is a bit extreme and you would be unlikely to win that one. However it may not be plain sailing for And1 either. In law, you have a right to insist that the supplier meets any costs associated with putting you back to the position you would have been in had the fault not been present. however in practice it is a bit more difficult. I would suggest that any reasonable company would make some contribution towards your costs. For example if you did the work yourself then you could ask them to pay a reasonable hourly rate. Don't be greedy, or rude - you will just make life more difficult for yourself. Also they have a simple getout if they could demonstrate that you, or more likely, a competent tradesman, should have spotted the fault earlier, or even before beginning the job. If I was them, that is how I would get out of it, or at least limit the damage. Remember though, as a very minimum, they must replace or refund on the faulty item, IF IT IS FAULTY. It is most definitely worth telling them that you expect them to contribute to your other costs in addition.