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A COMPANY INSTALLED A CAESARSTONE BENCHTOP IN MY KITCHEN.

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
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A COMPANY INSTALLED A CAESARSTONE BENCHTOP IN MY KITCHEN. THE STONE HAD A FAULT IN IT WHICH REQUIRED A CAESARSTONE REPRESENTATIVE TO COME OUTAND ASSESS. HE ATTENDED AND DRILLED OUT WHAT HE THOUGHT TO BE A PIECE OF WOOD, HE THEN USED SOME SORT OF RESIN TO FILL THE HOLE. IT HAS LEFT A SMUDGY MARK ON MY BENCHTOP. HE STATED THAT SOMETIMES PIECES OF CAESARSTONE GET THROUGH THE QUALITY CONTROL BUT THAT THE STONEMASON IS SUPPOSED TO THOROUGHLY CHECK EACH PIECE OF STONE BEFORE CUTTING AS CAESARSTONE IMMEDIATELY REPLACE ANYTHING THAT IS FAULTY. THIS WAS NOT DONE AND I ENDED UP WITH A SUB-STANDARD PIECE OF STONE. THE WORKMANSHIP AS FAR AS THE CUTTING OF THE STONE BY THE STONEMASON IS TERRIBLE AND THE CORNER JOIN WAS MISCALCULATED BY THEM AND THEY HAD TO USE 1/2 A CM OF FILLING MATERIAL TO TRY TO COVER IT. IT LOOKS TERRIBLE. CAESARSTONE HAVE TRIED TO INTERVENE WITH THE STONEMASON WHO WAS TOLD HE MUST SORT OUT THE PROBLEM WITH ME. I HAVE TRIED CALLING HIM AND HE WILL NOT RETURN MY CALLS. I HAVE PAID HALF OF THE MONEY - THE OTHER HALF WAS TO BE PAID AFTER INSTALLATION, I HAVE NOT PAID BECAUSE OF ALL THE PROBLEMS THAT HE DOESN'T SEEM TO WANT TO ADDRESS. LEGALLY CAN I GO TO ANOTHER STONEMASON TO GET IT FIXED - I HAVE BEEN WITHOUT MY KITCHEN FOR 4 WEEKS AND I NEED TO SORT IT OUT. I HAVE RUNG CAESARSTONE AGAIN TO SEE IF THEY WILL SUPPLY THE REPLACEMENT PIECE OF STONE TO ANOTHER STONEMASON AS I WOULD PREFER NOT TO GO THROUGH ANY MORE PROBLEMS.  THEY SAID THEY WOULD GET BACK TO ME. 

 

Optional Information:
State/Territory: VICTORIA

Already Tried:
TALKING TO THE STONEMASON - HE JUST SAYS ITS MY FAULT THAT I DIDN'T NOTICE IT ON THE DAY AND THAT HE IS GOING TO SEND ME TO THE DEBT COLLECTOR. I HAVE HAD DEALINGS WITH CAESARSTONE DIRECT WHO HAVE TRIED TO BE HELPFUL BUT THE STONEMASON SEEMS TO BE IGNORING THEM AS WELL

Submitted: 332 days and 22 hours ago.
Category: Australia Law
Value: AU$69
Status: CLOSED

Accepted Answer

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Expert:  Sydney-Lawyer replied 332 days and 18 hours ago.

Good Afternoon,


You have a contract with the people that agreed to supply you with the kitchen and the ceaserstone.

If the product that they have supplied is not fit for the purpose any substandard they are responsible to make sure that they replace.

They are in breach of the consumer laws and you have every right to seek a new benchtop to be supplied on your kitchen.

If you do not get a response that you wish from Caesarstone I would suggest that you file an application with VCAT and seek orders that they replace the current benchtop with one that is suitable and of a standard that it should be.

Their website is as follows:

http://www.vcat.vic.gov.au/CA256DBB0022825D/page/Civil+Disputes-Small+Claims?OpenDocument&1=45-Civil+Disputes-Small+Claims~&2=~&3=~

Here is some information about the consumer laws that would assist you.

http://www.accc.gov.au/content/index.phtml/itemId/1023610

I hope this is of assistance and if so please click on the accept button.

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16590
Answered: 5/8/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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