Legal advice for complaints about your shower wall

Questioner

Ir/Madam, We bought a custom-made shower wall from R for our completely renovated bathroom via a sanitary shop. R came to measure the wall himself and advised us on the possibilities. We also asked if we could assemble it ourselves and that was possible with the enclosed profile list and description. A professional sealant neatly sealed the wall at the bottom. Finally the bathroom was ready and yay for the first time showering! This was a disappointment, because the shower wall leaked through the profile list! We immediately contacted R and they asked for photos of the wall. We sent them immediately and based on that two fitters came to take a look. The fitter indicated that this was not a product fault, but more screws had to be put in the profile! Now the profile warped a bit and the cause was probably the irregular wall tiles, which is why the profile (probably) does not pull inwards enough against the glass wall. We showed everything when measuring the shower wall and the fitter also saw and felt the tiled wall where the shower wall had to be mounted. So this could not have been a surprise! The fitter who installed the shower wall for us together with my husband is also an installation fitter in daily life and neatly followed the description and used the pre-drilled holes for installing the shower wall. Everything is 100% level. The fitter now says that there are too few screws in the profile frame, but there were only three pre-drilled holes that were already in the profile. At the time of telling it, it sounded logical and that may be the case, but we are now faced with the problem for which your fitter had two solutions: seal the profile completely (which did not make it look any better) or have you place it again with more screws in it. This would entail considerable costs and he went to inquire what these would be. We were left somewhat stunned and he left a few screws here to tighten the profile and also a new profile. Then the costs for re-placing the wall were emailed and this turned out to be €395,- excluding sealing. We made a proposal to share the costs, but here R only wanted to give a €25,- discount. On closer inspection this is indeed slippage and we are left with a leaking shower wall measured by you for 700,-. If we let R install the wall it will cost us money, because R's instructions were incorrect and the fitter says that this can actually only be installed on a smooth tile!!!!!!! He measured the wall himself on the uneven tiles and said nothing. We also contacted a sanitary store who said to seal it and not make it difficult, this is how it should be!!! This is a nice contradiction and we opted for a shower wall with as little sealant as possible and this was really possible according to R. Can anyone help us find the right way in this, we are grateful in advance for reading our story.

Lawyer

R has failed to comply and must ensure that the work is carried out professionally. If he hires a mechanic, he is also liable for the work delivered. In short, I advise you to give R written notice of default to carry out the repair, failing which you will have it carried out elsewhere at his expense. I also advise you not to pay anything extra. If you cannot reach an agreement, I can assist you in this matter.

Questioner

oh dear there is a misunderstanding: R did not perform the work, but is the supplier. we installed the shower wall ourselves which they say was easy with the supplied materials (profile strip and 3 pre-drilled holes with supplied screws) The point is that they now say that we should have used more screws!!! And then we would probably have lost the warranty due to not following the instructions.

Lawyer

Even then, R remains responsible for the repair. He measured a few things himself and you were entitled to trust his expertise or that of the fitters. If you followed the instructions, R cannot escape his responsibility and he must come up with the money. He will then have to come up with a solution or compensate.

Questioner

oh dear there is a misunderstanding: R did not perform the work, but is the supplier. we installed the shower wall ourselves which they say was easy with the supplied materials (profile strip and 3 pre-drilled holes with supplied screws) The point is that they now say that we should have used more screws!!! And then we would probably have lost the warranty due to not following the instructions.

Questioner

oh dear there is a misunderstanding: R did not perform the work, but is the supplier. we installed the shower wall ourselves which they say was easy with the supplied materials (profile strip and 3 pre-drilled holes with supplied screws) The point is that they now say that we should have used more screws!!! And then we would probably have lost the warranty due to not following the instructions.

Questioner

Can this letter be an entrance? Ir/Madam, On ...we had a shower wall measured by one of your employees via company S and we were also informed about the options regarding mounting. The situation was clear and a few weeks later the wall was delivered. Unfortunately, the agreements we made with the employee did not come to fruition and we have the following complaint: • That the employee of your company saw and felt the tiles on which the shower wall had to be placed and advised us on the wall profile that ultimately could not be placed neatly and leak-free by us with the supplied material. We are now stuck with a leaking shower wall. We were allowed to trust his expert advice. • It is now said that this profile is actually not suitable for the rough tile and that a wall profile with a rubber sealing strip is better. This was absolutely not discussed with the employee of your company during the measuring and advice. • And your quote that you sent us for the dismantling and reassembly of the shower wall of € 395, - and this is excluding the sealant work. . We made you a polite offer to replace the shower wall for us for €150, but you did not accept this. We kindly ask you to fulfill your obligations to us and to repair the damage caused by the incorrectly supplied instructions and the fact that you did not pre-drill enough holes and screws. With this letter we offer you the last opportunity to meet your obligations within 14 days. If you fail to do so, we will hold you liable in advance for all damages we have suffered and will yet suffer. We kindly request that you respond in writing within two weeks of the date of this letter. Yours sincerely,

Lawyer

Yes, that is possible. If the other party still refuses, I can assist you in this case.