Paving slabs wrong colour - who do I claim against?

[Tomjim]

I bought paving slabs off a hardware.

There was a problem with the colour when the slabs were laid. I contacted the hardware and they contacted the manufacturer who sent their rep out.

The manufacturer acknowledged the issue and have offered to replace the paving slabs only, they won't give anything towards the labour for taking the slabs up and getting new slabs laid.

I have taken the position with them that my contract is with the hardware not the manufacturer.

So I contacted the hardware who are also indicating that any compensation should come from the manufacturers. The manufacturers are from Northern Ireland.

Any suggestions as to what I should do

 

[ClubMan]

Why did you allow the slabs to be laid if there was a problem with the colour?

 

[cremeegg]

Your contract is with the retailer not the manufacturer.

See Sale of goods and supply of services Act.

 

[T McGibney]

Yes, a consumer's contract is with the retailer not the manufacturer.

In practice this only goes so far. Where there is an actual or alleged quality or technical issue with a product, it will generally fall to the manufacturer to resolve it.

If it's a low value item like a mouldy jar of jam or a defective garment, the retailer will often resolve it by offering a refund, the cost of which is presumably in turn credited to them by the distributor or manufacturer. Sometimes they'll add a small voucher or some other goodwill gesture to compensate for inconvenience.

They will quite understandably be reluctant to do this where the item carries a high value, or where there is a demand for additional compensation such as the cost of remedial works.

Yes, you can override this reluctance by asserting your legal rights and pursuing the retailer for full recompense. The problem with this is that legal processes are costly, slow, stressful and unpredictable.

A retailer facing such a legal action will normally be indemnified by the manufacturer in any event so you'll end up dealing with them anyway. And as a consumer, you will find it difficult to take on a well-resourced company which is willing to go to court to fight their corner.

If I were the OP, I would take the manufacturer's offer of a replacement, and cut my losses.

 

[Marsupial]

There was a problem with the colour when the slabs were laid.

Why was it only after the slabs were laid that the problem became evident? Did laying them cause them to change colour?

 

[Tomjim]

be

The pallet was outside in the wet and when he started laying them, the external slabs on the pallet were wet and the inside slabs were dry, so there was a different colour which we assumed was due to the wetness

 

[Tomjim]

Why was it only after the slabs were laid that the problem became

Due to the rain while the slabs were outside

 

[ClubMan]

The pallet was outside in the wet and when he started laying them, the external slabs on the pallet were wet and the inside slabs were dry, so there was a different colour which we assumed was due to the wetness

So only the (few?) wet ones at the top were problematic and only they need to be removed/replaced?

This seems like the most pragmatic advice in my opinion:

If I were the OP, I would take the manufacturer's offer of a replacement, and cut my losses.

 

[Allen]

You have no contract with the manufacturer so it would be difficult to take a case against them.
You have a contract with the hardware. The problem is that you used the materials after unpacking them instead of returning them. Luckily for you the manufacturer agreed to replace them even though you used them. If it just your own labour involved I would not be confident that you would be successful in any legal claim.

You could check with -- 

Consumer rights - CCPC Consumers

The Competition and Consumer Protection Commission is an independent statutory body that enforces competition and consumer protection law in Ireland

www.ccpc.ie

 

[Leo]

Luckily for you the manufacturer agreed to replace them even though you used them. If it just your own labour involved I would not be confident that you would be successful in any legal claim.

Good point, the expectation is that incorrect items should be returned in their original state.

 

[Purple]

If I were the OP, I would take the manufacturer's offer of a replacement, and cut my losses.

Absolutely. No business in their right mind will accept liability for consequential losses.

If you buy a picture hook for €2 from a hardware shop and use it to hold up a €5 million Rembrandt and the hook fails and the painting falls into the fire should the hardware shop to liable for the price of the painting or the price of the hook?
A good few years ago where I work we sacked our biggest customer because they were demanding that we accept liability for consequential losses.