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Shattered shower screen - who is to pay?

Discussion in 'Repairs & Maintenance' started by Taku Ekanayake, 9th Mar, 2016.

  1. Taku Ekanayake

    Taku Ekanayake Well-Known Member

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    Good morning PC!

    I had a shower screen installed in a property.
    3 days after, we found the shower screen (glass) had been completely shattered.
    The thing is, the property was untenanted, and no had used the shower screen. No windows were left open, so the wind couldn't have been the cause either.

    Who is to pay for the shower screen?
    My builder said he tried to claim to Bunnings (place of purchase), that this was a faulty screen, but they would not accept he's reasoning.
    The builder is now charging me for the new installation and new screen.
    Am I liable to pay again?


    Cheers,

    Taku
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    What is the warranty provided by the builder and Bunnies?
    Is it faulty workmanship by Bunnies or the installer?
    Has he been paid?
    Have you contacted fair trading?
     
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  3. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

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    I would take this up as a Fair Trading issue for refund of the extra cost he wants (Pay it for now but tell him you don't agree that way it can be a claim immediately). Consumer law is the issue to be addressed. The shower screen broke through defect or movement (poor install ?). The screen was supplied and fitted by builder so its his issue. Who supplied it also his issue.

    A guy I worked with had a issue with a stainless sink he bought. Supplier rejected a warranty claim when it rusted almost straight away. He tried to argue it was a discounted one and warranty only applies to big name brands and cheap ones were cheap imports. Fair Trading didn't agree and ordered a replacement be supplied that was of quality that could be used. Fair Trading have zero tolerance for breach of consumer rights.
     
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  4. Ace in the Hole

    Ace in the Hole Well-Known Member Premium Member

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    I don't know the laws, but who bought the screen?
    If the builder bought and installed it, he should have to re-do the job and claim from Bunnings.
    If you bought the screen, maybe you have to make the claim with Bunnings, but I don't think they will cover the re-installation fees.
    Will probably need photos to show Bunnings the assembly detail for your claim.
     
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  5. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    The laws of negligence - whoever caused the damage. This could be you, builder or manufacturer.

    But this will be difficult to prove either way. The builder will argue that it was install and intact when he left. Manufacturer will argue there was nothing wrong with it.

    How could a sheet of glass shatter like this? Heat, too tightly fitted??
     
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  6. Random Username

    Random Username Well-Known Member

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  7. Random Username

    Random Username Well-Known Member

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  8. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

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    ACL (Australian Consumer Law) and only cares about who received the screen. Involving Bunnings is the builders problem.

    Consumer guarantees apply to:

    • any type of goods or services costing up to $40,000
    • a vehicle or trailer used mainly to transport goods regardless of the cost
    • goods or services costing more than $40,000 which are normally used for personal, domestic or household purposes
    • leased, hired and second-hand goods.
    A shattered glass panel may also breach the product safety element of ACL.

    For major problems the consumer can choose:
    • a refund
    • a replacement or
    • compensation.

    False and misleading claims
    A supplier cannot tell a consumer that a consumer guarantee does not exist. For example, it would be misleading to suggest that defects are only covered by a manufacturer's warranty.

    Note the use of word "supplier". It imposes ACL on each leg of a supply chain. The consumer only needs to deal with party who supplied them.
     
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  9. Tyler Durden

    Tyler Durden Well-Known Member

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    Yet another "exclusive Bunnings supplier"? I'm surprised after all these years that Australian's are still so enamoured by Bunnings. Ugly, cloned, warehouses designed and marketed with one thing in mind, to make the consumer feel that they are getting the best possible deal. Temples of aspiration, stocked floor to ceiling with faux, imported garbage that's cheap for a reason, most of it is aesthetically sterile and lucky to last a couple of years before it's landfill, burning your property to the ground or exploding in your face.
     
  10. jaybean

    jaybean Well-Known Member

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    You say that as if we have a choice...

    In many locations, it's slim pickings.
     
  11. Xenia

    Xenia Adelaide Property Manager Business Member

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    Hmmmm not an easy one as proof is required before you make anyone accountable.

    This is something you may need to claim and see how it goes.

    Let us all know too.
     
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  12. Scott No Mates

    Scott No Mates Well-Known Member

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    Home hardware, independent hardware stores, blackwoods, Hardware & General, specialist locksmiths, tradelink, plumbers supplies, electrical wholesalers, lighting centres, garden centres/nurseries, power tool suppliers etc.

    No choices? or just plain lazy?
     
  13. Taku Ekanayake

    Taku Ekanayake Well-Known Member

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    Not sure who did the faulty workmanship. I live in Sydney and property is in Bris, so haven't gone to see the work.
    I have paid him for the first install and shower screen.
    I'm yet to pay for the new install and scree - he has ordered it already.
    I haven't contacted fair trading. I really didn't want it to get to that point.

    There's been some great replies on here though, which has given me some ammunition to build my case.
     
  14. Taku Ekanayake

    Taku Ekanayake Well-Known Member

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    The builder bought the screen. I live in Sydney, and property is in Bris, so he sorted everything out himself.
     
  15. jaybean

    jaybean Well-Known Member

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    Keyword I used was *many*. Some places have choices. Many don't.
     
  16. Taku Ekanayake

    Taku Ekanayake Well-Known Member

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    Hi @Paul@PFI,
    Thanks for your great responses. I feel confident now, that I'm able to build a case for the builder to pay for the new costs. I haven't paid for the new screen, but he has ordered it and intends to install it on Friday.

    Do you suggest I wait until after he has installed the screen to bring up the issue of who is liable for the payment?

    To date, we haven't spoken about who is liable. He just went ahead and ordered a new screen, and sent me an email invoice.
     
  17. Taku Ekanayake

    Taku Ekanayake Well-Known Member

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    We are all a little baffled as to how it smashed. The builder reckons heat.
    I don't know how glass reacts but I would've though a shower glass would be made to resist pretty reasonable hot temperatures
     
  18. Taku Ekanayake

    Taku Ekanayake Well-Known Member

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  19. catsteve

    catsteve Active Member

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    Toughened_glass

    minimum standards for shower safety glass AND installation apply
     
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  20. Scott No Mates

    Scott No Mates Well-Known Member

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    Most have telephones, can take orders over the phone & can deliver. Some are connected to this internet thingy and do online sales too even if your in the middle of nowhere (provided you have data on your phone).