Recently, TTA’s Primary Authority partnership with Trading Standards came to the support of a TTA retailer member who sought advice from TTA regarding a consumer complaint they had received.
The complaint, that the surface of the floor tiles had scratched after installation, arose several years after the supply, meaning that the claim was difficult to verify or address. Consequently, the retailer turned to The Tile Association to provide a professional, independent opinion. TTA was able to provide useful, authoritative guidance via the Primary Authority scheme, in which it is a partner. The scheme is run by trading standards and is backed by the Department for Business and Trade (DBT). In this case, the Primary Authority highlighted the relevant legal framework to TTA, explained the process for the burden of proof, and reflected on an appropriate remedy. TTA was able to pass on the assured advice to its member.
Trading Standards advised that the statutory presumption that a fault was present at the time of supply applies only during the first six months after delivery. Beyond that period, the burden generally falls upon the consumer to demonstrate that the goods did not conform to the contract at the time they were supplied. Trading Standards felt it would be reasonable to request for the consumer to provide evidence demonstrating that the scratching resulted from an inherent defect in the tiles – rather than wear and tear, impact damage or other external causes.
The Primary Authority also reflected that the Consumer Rights Act provides for repair or replacement as the primary remedy. A consumer is not automatically entitled to the remedy of their choosing, and a trader may rely upon the remedy that is proportionate in the circumstances. Applying this legal basis, it offered the view that the retailer’s proposed solution to the consumer which was to offer to replace the affected tiles with spare tiles without the need to replace the entire installation was a very reasonable response and that no further remedy ought to be sought by the consumer.
This case highlights a good example of how TTA’s Primary Authority partnership can provide assured, tailored advice on regulatory compliance – such as trading standards, environmental health or fire safety – enabling members to ensure their work is compliant at all times. This advice is legally recognised across the UK, helping to reduce conflicting interpretations and resolve disputes.
To access this benefit, TTA members must opt-in using the Primary Authority Opt-In Return Form in the Members’ Area. For more information or to complete the opt-in form, visit: www.tiles.org.uk/members-area/primary-authority/
In addition, TTA members are entitled to free use of advice helplines in key areas of business management, including health & safety, HR/employment law, contracts, tax and business and PPE. These can also be accessed from the Members’ Area.
To learn more about the benefits of membership and sign up, visit: www.tiles.org.uk/join-us/
