Help - nightmare scenario - Consumer Affairs / Warranty Claims?

Discussion in 'Legal Issues' started by Carol M, 19th Aug, 2018.

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  1. Carol M

    Carol M Well-Known Member

    Joined:
    3rd Jun, 2018
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    Location:
    Newcastle NSW
    Am in middle of a nightmare scenario.
    Needed to replace old flooring on concrete slab, so shopped around and got a great price from a big supplier of quality self adhesive vinyl planks. Every layer I spoke to insisted they should use extra adhesive as most self adhesive planks eventually lift. Supplier said that was not necessary, as they were very superior commercial planks that have been laid in many resorts all over Qld without problems. And use of extra adhesive would void manufacturers warranty. But to reassure us they agreed in writing to keep extra boxes aside and provide labour to remedy any problems.
    Well, a very experienced layer laid half the floor as instructed, prepping floor very well, and next day planks have started to lift at edges. Also some 1mm gaps developed overnight although weather was cold and hopefully they will return to normal when room heats up.
    I got layer to lay a test patch of 2 planks using extra adhesive and they stuck really well.
    He reckons supplier/manufacturer will blame him and say floor was not prepped properly, even though it was.
    I would like to avoid taking them to Consumers Affairs, but if I do, how long does this process take normally?
    And how do they solve complaint when supplier will blame layer, and vice versa??
    I am hoping that manufacturer and supplier who both have good reputations, will value their reputations and want to avoid consumer affairs.
    Any tips how to approach them?
    Layer can take up what has been laid and relay them on extra adhesive, but of course this will take a lot more time and cost, which I should not have to pay, so hoping Supplier or Manufacturer will do this or cover cost.
    I think supplier actually does laying on big projects too, so maybe their guys could do the repair and relay.
    But of course, using extra adhesive voids warranty, though I would be happy to risk this, as layer reckons any chemical reaction occurs quickly, but one cannot be sure if this would be the case long term? We did ask supplier to find out what extra adhesive, if any, we could use to prevent this from happening, but he replied "none, as it will void warranty".
    About 40 sq.m already laid, with another 37 to go.
    Layer is being very good, and was working for a cash rate, though will get him to give me an invoice at market rate if manufacturer is to pay for it.
    Layer was meant to do my job today, so has lost a days wages also, so that is only fair.
    Supplier is Integrity Flooring on Gold Coast. And manufacturer is Belgotex (tacbac vinyl planks).
    All advice is welcome. Sorry this post is so long.
     
    Last edited: 19th Aug, 2018
  2. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

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    Gold Coast (Australia Wide)
    suggest you go to the supplier before doing too much else.

    have been through this a while back with engineered timber.

    Great product, crap install job in our case, and need to be fully redone.

    removing a glued engineered floor on properly prepared substrate makes for real fun :)

    ta

    rolf
     
  3. Joynz

    Joynz Well-Known Member

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    Melbourne
    Contact the supplier with details and photos, as well as a description of how the slab was prepared.

    The supplier should send someone out to inspect.

    Don’t allow any more work to be done until you have been given the go ahead by the supplier.

    If it’s a cash job on the weekend, the layer hasn’t actually lost any money - delays are common in the building industry so he shouldn’t be too concerned.
     
    Last edited by a moderator: 19th Aug, 2018
  4. Simon Hampel

    Simon Hampel Founder Staff Member

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    You mean like a fraudulent invoice?