Contract with Supplier / Builder

  Cara2 11:26 19 Jul 2011

I choose a door - the builder ordered and paid it, but did not make a profit.

As I understand it, the builder is responsible to me as the door has become faulty. However, I am reluctant to persue the builder as the choice of the door was entirely mine and he simply paid but did not make a profit from the purchase.

I am now between a rock and a hard place as the supplier has basically fobbed me off with the manufacturers details (who have gone to the wall and rised again under a new company name). I know for sure in any case, that my contract is not with the manufacturer.

Is there anyway around this problem as I cannot bring myself to persue the builder over something which he is only involved in on a technicality?

  carver 12:32 19 Jul 2011

I think you will find that the builder has no responsibility towards the door being faulty, as you said you chose the door and he merely fitted it.

Unless you can prove that the fault was caused by incorrect fitting your claim is against the supplier, and if it is less than 12 months old he will have to remedy the fault, any thing over this time and you still have a claim under the sale of goods act.

Just what is the fault and how much was the door.

  wee eddie 13:24 19 Jul 2011

As the Manufacturer has gone into liquidation, you become just another Creditor.

Forget it, after a 4 year wait, you may get 2p in the £1, if you're lucky.

  HondaMan 14:24 19 Jul 2011

It may be that the supopolier is liable to the builder for supplying HIM with faulty goods. It may be that you and the builder can mount a joint action against the supplier!

Have a word with CAB

  wiz-king 14:40 19 Jul 2011

Speak nicely to the builder to explain your problem, the door may have had a suppliers insurance backed warranty for more than 1 year, if he paid for it from his business account he may be able to claim on the suppliers insurance.

But I don't hold out much hope!

  QuizMan 22:34 19 Jul 2011

Contract law is quite clear on this and has changed little over the years. Your contract is with the builder assuming that you paid him and he carried out the work. In turn, he has a contract with the supplier and has a counter claim against them.

Whether you wish to claim against the builder is up to you but you have no LEGAL recourse against the suppler.

  Forum Editor 22:50 19 Jul 2011

QuizMan is right.

Your contract was with the builder who supplied the door. The fact that he made no profit on the deal is neither here nor there as far as contract law is concerned - technically he is liable to you for the faulty door. I can understand your reluctance to make an issue of it with him, but legally he's the liable party in this.

You have two choices - either you ask the builder to sort the problem out, or you bear the loss. There's a slim chance that the manufacturer will replace the door as a gesture of goodwill, but it is under no obligation to do so - you have no contract with that company.

Perhaps the builder can take the matter up with the supplier he bought the door from? His contract was with them, and they are liable to him in the same way that he's liable to you.

  Cara2 23:42 19 Jul 2011

Thanks for all replies. Trading Standards conveyed much the same information. Not what I wanted to hear! I am not about to persue the builder under the circumstances.

I did consider tackling the supplier on behalf of the builder, with his permission but have been advised that his rights as a trader are different to mine as the consumer.

In answer to a question made earlier - the door in question was over £800 - a composite door, the outer layer of which has split in places. It was bought 3-4 years ago (don't have the invoice to hand), but is guaranteed for 10 years and the supplier himself commented (in a rather unguarded moment), that he would never expect to have to replace his similar door.

I am not a very happy bunny!

  woodchip 12:19 20 Jul 2011

Who Ever as the receipt is in a position to claim from the supplier he bought the door from, as its not fit for purpose under 75 act consumer law. so if your builder as it then its responsibility to get it sorted, with them who he bought the door from. Though you do not want to be any agro to your builder, he is in the position and as the responsibility to put things right

  spuds 18:54 20 Jul 2011

Perhaps of no help, but I had four wooden exterior doors (5 year warranty) and one upvc double glazed door (10 year warranty) that gave problems, and all were covered under guarantee by the two different manufacturer's. Both manufacturer's went bust. In both cases the doors gave problems after 3/4 years of being installed. The wooden doors began to stretch and joints worked loose, so causing leakages. The upvc door locking system failed.

Went back to the suppliers and see what they could offer, B&Q for the upvc, who didn't really want to know, mainly because we had lost the original receipt. The wooden doors which were purchased from Focus were a different matter. They told us to get someone in to repair the doors and they would pay the bill, which they did without further question.

We repaired the upvc doors ourselves by obtaining the locking gearbox (£20)via a discount locksmith warehouse.

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