Where does responsibility lie?

[CMC_EK]

I don't think it reasonable for someone to check 200 tiles of the same batch number for colour difference as you would need to lay them all out at once and where would you do that in most cases? I would have thought the retailer should be taking it up with the manufacturer or agent. If you're talking about 20 tiles or so to be changed prior to grouting is it worth any legal costs and grief? Mind you, practically speaking, the difference seems so obvious I'm surprised the tiler didn't spot it a lot sooner.

Does this dealer have an italian name beginning with C?....or maybe italian again beginning with T?

Got it first time the italian C!

I see the point about the tiler - as mentioned to Jay it was that run of 10-15 tiles that is most notcieable. on other walls we didn't notice it originally after the session, but now it seems quite blatant to us.

 

[CMC_EK]

Think you will find the responsibility lies with the tiler and possibly the retailer

if the boxes were marked with matching batch numbers (also there should be caliber tone and shade numbers which also should match ) the retailer has supplied the goods ordered
the tiler who has accepted the goods as suitable to lay after checking batch numbers ect which is checked before fixing also tiler has a better look at tiles when he is mixing boxes to achieve good shading
every tile is laid individual so yes every tile is inspected (checked for defects chips and shading and grain direction )
the manufacture normally states on boxes they will only replace the tiles if found to be faulty not the labor to rectify

Thanks Jay, I'll check for caliber, tone and shade numbers when I get home.

 

[Time's Ran Out]

IMHO the manufacturer has done everything that they will be liable for by providing you with a batch of new tiles FOC.
The tiler must rectify his liability by fixing the tiles at his cost.

The boxes clearly state - manufacturers liability ends when tiles fixed - and as a tile fixer I would admit my mistake if I'd fixed tiles of different shades even with batch numbers being the same. As a customer you just want the job completed to a high standard not delayed for a few quid!

 

[CMC_EK]

Thanks John - looks like everyone agrees that the tiler needs to shoulder some blame and the retailer has no liability. Oh well, hopefully we can get this sorted soon - getting married on 2 July!!!

 

[Andy Allen]

the main thing you need to check is batch numbers. calabor and tone, if all these are the same then its the manufactrers fault.

who bought the tiles you or the tiler, dose the tiler put a lot of buisness the tile shops way, he might be able to use this in your favour.

unless you were given mixed batches, tiles shouldnt shade that much.

 

[Brian the Tile]

ah but who bought the tiles before everybody blames the tiler is he not just there to fix the tiles,and he did stop and phone the customer after all ,if customer bought the tiles surely it must be between them and the store where they came from,i might be missing something here but to me the tiler doesnt seem to have done much wrong

 

[Stewart]

I always check batch, tone numbers and for damaged tiles while fixing, but it's very difficult to spot a shaded tile while fixing IMO. I always stand back and check each wall as I complete it. Then it may be noticeable, but I'm not looking for it if all the boxes match.

Expecting a tiler to lay out all tiles prior to fixing is ridiculous and I would also expect my shop to accept some responsibility for supply me with an imperfect product if all the numbers match. I've had a similar situation, but it wasn't apparent until it was grouted. As all the boxes were checked in store, as I always do while collecting, shop paid to rectify the work and I think rightly so.

 

[Time's Ran Out]

Thanks John - looks like everyone agrees that the tiler needs to shoulder some blame and the retailer has no liability. Oh well, hopefully we can get this sorted soon - getting married on 2 July!!!

I don't think that the retailer has no liability!
He has sold materials unfit for purpose - are we sure that he has not put old stock into new boxes to make up the numbers.
The tiler is responsible for fixing the materials and as such is required to ensure that the blend (after mixing from various boxes) is acceptable. So his labour for this mistake is his cost.
The manufacturer will replace all tiles at their cost.
The retailer should replace the ancillary materials used - adhesives etc.
You should not have to pay for anymore than the agreed budget at the outset.
This of course is not an ideal world!
Good luck and have a wonderful day on 2nd July.
TJ.

 

[Pebbs]

I always check batch, tone numbers and for damaged tiles while fixing, but it's very difficult to spot a shaded tile while fixing IMO. I always stand back and check each wall as I complete it. Then it may be noticeable, but I'm not looking for it if all the boxes match.

Expecting a tiler to lay out all tiles prior to fixing is ridiculous and I would also expect my shop to accept some responsibility for supply me with an imperfect product if all the numbers match. I've had a similar situation, but it wasn't apparent until it was grouted. As all the boxes were checked in store, as I always do while collecting, shop paid to rectify the work and I think rightly so.

Stewart has hit the nail on the head, you employed a tiler not a qs to go through and check the tiles prior to them being laid. The responsibility of checking lies with the purchaser, not the person employed to fix them. Tilers are not required to check every batch of tiles a client has purchased, if that was the case then they would be charging you for undertaking this. The retailer ordering the stock should have ensured that the calibration and batch were all matching before you paid the invoice. Tilers do not always notice colour variations straight of the bat, and reading through your comments, in all fairness he did contact you as soon as he noticed the difference.

I would advise you, that in my opinion it would be very unwise to put any of the blame on this man, because there is no comment of any faults in his work. He tiled with the materials supplied to him. Why should he have to hold any responsibility for a chain of events due to no quality checks being in place, for which he had no part in.

Pebbs

 

[bootsmckiber]

The only time I've had to lay out my tile in 27 years is when I use slate and that's just to organize the thickness,That's a run of bad luckhow about your getting the tile replaced,get the tiler to put them up on his time,it's only a bathroom for pete's sake,he probably has enough addy in his pockets to do the job,good luck.