Unfair Contract Term?
Discussion
Hopefully this will be best in here rather than Homes & DIY.
I've just taken delivery of a log cabin (in component form on a large pallet). This particular design has two front-facing windows alongside each door. Unfortunately 3 of the 4 double-glazed units have arrived cracked.
A quick check of the Terms and Conditions of the supplier states that:
The headache it gives me is:
- I'm no glazer, so I don't know what spec the glass is, although I assume the supplier can tell me.
- What if I cannot get the same spec - I will have 3 windows that do not match the other 5 that form the front doors & windows of the cabin
- Whilst I am sure replacing it is not beyond me, I will expend my time doing so, and also expense finding a replacement
So... do I have a leg to stand on, or do I just suck it up and send them the bill for glass only as per the terms? If it makes any difference, there was no sign of damage during transit.
As an aside, anybody know a glass supplier in the Welwyn Garden City area, and/or would like to hazard a guess at the cost of a replacement double glazed unit to fit a timber window, I'd guess roughly 18" square?
I've just taken delivery of a log cabin (in component form on a large pallet). This particular design has two front-facing windows alongside each door. Unfortunately 3 of the 4 double-glazed units have arrived cracked.
A quick check of the Terms and Conditions of the supplier states that:
Website said:
Glass breakage
All our log cabins are packed very tightly and secure. In the extremely unlikely event you find a crack in the glass please photograph it while it is in the pallet with the pallet and packaging visible and email it to us so a claim can be made against the haulier.
We will ask you to obtain it locally and we will reimburse you the cost of the glass ONLY and like for like. We will not pay for installation of the glass by a glazier as this is very easy to do.
Please note the glass is NOT toughened glass and nor is it required to be for garden buildings in the UK.
Replacement glass is generally £10 – £40 from a glass supplier. It is extremely easy to replace by removing the frame beading. Please source from a local glass supplier and send us the receipt via email.
Whilst perhaps partly my fault for not reading all the Terms & Conditions before purchasing, it strikes me that this term is possibly unfair and therefore perhaps not enforceable?All our log cabins are packed very tightly and secure. In the extremely unlikely event you find a crack in the glass please photograph it while it is in the pallet with the pallet and packaging visible and email it to us so a claim can be made against the haulier.
We will ask you to obtain it locally and we will reimburse you the cost of the glass ONLY and like for like. We will not pay for installation of the glass by a glazier as this is very easy to do.
Please note the glass is NOT toughened glass and nor is it required to be for garden buildings in the UK.
Replacement glass is generally £10 – £40 from a glass supplier. It is extremely easy to replace by removing the frame beading. Please source from a local glass supplier and send us the receipt via email.
The headache it gives me is:
- I'm no glazer, so I don't know what spec the glass is, although I assume the supplier can tell me.
- What if I cannot get the same spec - I will have 3 windows that do not match the other 5 that form the front doors & windows of the cabin
- Whilst I am sure replacing it is not beyond me, I will expend my time doing so, and also expense finding a replacement
So... do I have a leg to stand on, or do I just suck it up and send them the bill for glass only as per the terms? If it makes any difference, there was no sign of damage during transit.
As an aside, anybody know a glass supplier in the Welwyn Garden City area, and/or would like to hazard a guess at the cost of a replacement double glazed unit to fit a timber window, I'd guess roughly 18" square?
Wow, thanks for the help, I'll consider myself told to stop whinging :-)
Yes it's a flat pack cabin, but why should I spend time and money sourcing and fitting a replacement that arrived broken through no fault of my own?
It does at least look like the cost is indeed in the £10-£40 range, just need to find a recommendation for a local glazer and spend my time and money going back and forth to them, and then fitting the replacements myself. Arse.
Yes it's a flat pack cabin, but why should I spend time and money sourcing and fitting a replacement that arrived broken through no fault of my own?
It does at least look like the cost is indeed in the £10-£40 range, just need to find a recommendation for a local glazer and spend my time and money going back and forth to them, and then fitting the replacements myself. Arse.
Indeed pragmatism rules here, and I'm not expecting them to send a fitter and a replacement glass, that would be daft.
On the flip side, it will take me a couple of hours of hassle to sort, including a couple of trips to source the glass.
Given that my rights are broadly in line with what I thought then I'll be suggestion the supplier make a small contribution as a goodwill gesture to cover the hassle.
Yes I bought "off the net", but the item in question was not cheap, nor was it purchased on the basis of price alone - quality and supplier reputation was also behind choosing this supplier.
No I did not use a local supplier - a fairly extensive search did not find a similar product available locally, but my the same argument does that mean my next car must be bought from the local Vauxhall dealer, and if I choose to buy an brand new Aston from a dealer some distance away and have it delivered then if the car arrives broken it's all my fault and I should suck it up? At worst they would cover the total bill at the local dealer...
I'm not going to lose sleep over the thing, but it's valuable drinking time that I'll lose whilst fixing it :-)
@Tonker, if you can remove the existing glass, measure it, arrange and collect the replacements and fit in three minutes the job is yours, call it £60/hour pro-rata?
On the flip side, it will take me a couple of hours of hassle to sort, including a couple of trips to source the glass.
Given that my rights are broadly in line with what I thought then I'll be suggestion the supplier make a small contribution as a goodwill gesture to cover the hassle.
Yes I bought "off the net", but the item in question was not cheap, nor was it purchased on the basis of price alone - quality and supplier reputation was also behind choosing this supplier.
No I did not use a local supplier - a fairly extensive search did not find a similar product available locally, but my the same argument does that mean my next car must be bought from the local Vauxhall dealer, and if I choose to buy an brand new Aston from a dealer some distance away and have it delivered then if the car arrives broken it's all my fault and I should suck it up? At worst they would cover the total bill at the local dealer...
I'm not going to lose sleep over the thing, but it's valuable drinking time that I'll lose whilst fixing it :-)
@Tonker, if you can remove the existing glass, measure it, arrange and collect the replacements and fit in three minutes the job is yours, call it £60/hour pro-rata?
Edited by UpTheIron on Tuesday 28th June 10:32
Who said anything about "getting legal"? I just wanted to double check that their statement was not enforceable before I told them that I didn't think much to fixing things that are their responsibility.
As it happens the supplier is shipping out a few replacement timbers to me that were also damaged during transit and in light of the fact it is a number of broken panes they are happy to pay for a glazier to fit and bill them direct.
As it happens the supplier is shipping out a few replacement timbers to me that were also damaged during transit and in light of the fact it is a number of broken panes they are happy to pay for a glazier to fit and bill them direct.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff