Faulty B&Q Flooring claim

A question about : Faulty B&Q Flooring claim

Hello,

We purchased several packs of B&Q Colours Dolce Walnut Effect Laminate Flooring product code: 05303120. The product is quoted as having a 20 Year Guarantee and is advertised as being suitable in: Areas for use - Busy & splash areas This was laid in April by a professional fitter. I contacted B&Q in October 6 months after we had our flooring fitted to inform you that the product had stated to bubble and raise and chip. I was told that they would send out an independent inspector to check the product. After waiting a month we have finally had the conclusion of the inspector who has said the following:

The flooring is fitted to the dining room and conservatory areas of the property and was fitted by a professional fitter.
We inspected the flooring in the presence of Mr Blakeman who advised that there were several planks which had split or bubbled.
Mr Blakeman showed us what he was meaning and the planks have all come from the same problem, the floor being uneven,
which has allowed movement of the planks on the short end and due to the thickness of the plank they have then split or delaminate.
Once they have split water can get into the body of the board and cause swelling.
The only cause of this type of complaint is surface bourn water ingression. Moisture penetrates the core board, which in turn swells
and the surface veneer swells and blisters. The fact the damage is mirrored across board joints confirms that this has happened post
installation. Water sitting on the surface from regular mop cleaning, spillages and moisture walked in from out doors, will all cause
this type of complaint. Once the veneer has lifted it is then prone to damage from the surface from normal wear and foot traffic.
Moisture readings were over 15% which is high and confirms the cause.

In conclusion, this is not a manufacturing fault.

I point out that in the report it says that the product was fitted by a professional fitter. I was present during the inspection as is pointed out. In my recollection there was no point that a spirit level or any other device was used to measure whether the floor was uneven. The sub floor was not examined, nor was it referenced that the sub floor in the conservatory is solid concrete and floorboards in the dining room two different surfaces yet the same problem on each. The floor is NOT UNEAVEN. If it had been fitted in that way we wouldn't have accepted the fitting from the installer. The report then goes on to say that:

Water sitting on the surface from regular mop cleaning, spillages and moisture walked in from out doors, will all cause
this type of complaint.

They are trying to tell me that a flooring sold as suitable for Busy & splash areas will fail when exposed to mopping and being subject to being walked on by people who have been outside? I don't think it is unreasonable to state that a product sold as suitable for Busy & splash areas that is failing due to being used in such a manner is not fit for purpose.

Under the Sale of Goods Act 1979 goods must be as described, of satisfactory quality and fit for purpose.
Fit for purpose means both their everyday purpose, and also any specific purpose that you agreed with the seller (for example, if you specifically asked for flooring that would be suitable for splash areas)
Goods sold must also match any sample you were shown in-store, or any description in a brochure or website.

Another matter that troubles me is the review section of the website. When we purchased this product there were several reviews (10+). Of these reviews, several of the older ones were people complaining of the same failure of this flooring and the same issues. There were of course several newer ones of users who were happy however they hadn't had their flooring in for a long time. When this fault came about I went back onto the website to see if more negative reviews had been received. I was surprised to see that the product now only has 3 reviews (at the time of writing) of which the oldest is 2 months old. What has happened to the older positive and negative reviews? Is it B&Q policy to remove negative reviews from a product in order to dupe the purchaser? They had knowledge that the product was not fit for purpose in the form of customer reviews and they have subsequently removed that information so the consumer cannot make an informed choice. If I refer to the product: Colours Arpeggio Heritage Oak Effect Laminate Flooring, we can see 14 reviews dating back as far as 2 years. Therefore it is not a matter of the website removing reviews after a certain amount of time, it is a matter of B&Q selectively removing negative reviews of a product that they wish to continue selling.

B&Q have now said they are closing the matter as they take the content of the inspection as fact that there is no manufacturing fault so the 20 year manufacturing garentee doesn't apply.

I am thinking of making a claim in small claims regarding the product not being fit for purpose. As THEIR reports says, water from walking and mopping will cause this fault. SURLY this therefore cannot be sold as suitable for busy and splash areas?

What are your thoughts? Do I have a case and what costs are involved?

Thanks for any help.

Regards,

Sam Blakeman

Best answers:

• You are completely misreading and misunderstanding what they have reported.
  They are saying the uneven floor has caused the panels to move, this in turn has broken the splash proof seal and that is why the damage had been caused.
  It is a splash proof product, it is designed for busy areas but only if fitted correctly on an even floor to allow the joins to seal properly. With the movement in yours it has allowed moisture to get through the seal and into the laminate.
  As they have a report stating it is not a manufacturing defect a court wouldn't side with you so you would be wasting your money making a claim. If you really believe they are wrong you need to get your own independent report done at your own cost, if this backs up what they say then it is just tough. If it backs up what you say you can take it to court and a judge would have to decide which report is accurate. If the judge finds in your favour you can also claim for the cost of the report.
• We moved into a house with laminate flooring.
  The floor was uneven as the boards were laid right to skirting boards. When the boards expanded - as they do- there was nowhere for them to go so we ended up with lumps and bumps in places. The subfloor was quite flat.
  We have laid new flooring in the correct way, leaving room for expansion, and have had no prblems.
  You need to check two things
  Is the subfloor flat?
  Was the flooring laid correctly?
• As above the flooring may very well be suitable for splash areas, however the report clearly states the uneven floor has cracked the boards. This is your problem not the cleaning of the floor, the broken and cracked seals are what's letting the water penetrate.
  The professional fitter wasn't so professional that he laid the boards on a floor with movement that would let this happen, this is why screed was invented. Any recourse may be with the fitter.