Our members had problems getting anyone to take responsibility for a new bath that cracked.

All Carolyn and Dave Armitstead wanted was a new bath. They thought they'd found it at Zip Plumbing Plus in New Plymouth. But the Englefield acrylic bath they ordered had to be returned to Zip because of a flaw in the surface coating. Not long after the replacement was installed, cracks appeared in the coating on the bottom of the bath.

The Armitsteads contacted Zip Plumbing Plus to get the problem fixed. Zip said it would get in touch with the manufacturer, Kohler New Zealand. Several months later, a Kohler representative eventually turned up to look at the bath. Carolyn says he stayed about 10 minutes, claimed the cause of the cracking was "hot water" and said Kohler wasn't responsible.

Carolyn was astounded. "We were told Kohler won't take any responsibility if the hot water used in the bath is above 55°C. The representative said our hot water must be over 55°C but he didn't even test it," she said. Kohler also has a long list of other things it says void its warranty – including the use of bath oils, bath salts and citrus-based cleaners.

When we called Kohler, the company initially told us the building code says hot water should be no more than 55°C and it wouldn't cover any faults caused by water above that temperature. Zip Plumbing Plus also told us it wasn't responsible, giving similar reasons.

The building code compliance documents do state domestic hot water systems should be installed so the water’s no more than 55°C. But this is to prevent scalding – not stop baths cracking. We'd expect an acrylic bath to be manufactured with a tolerance to cope with water at least a few degrees above 55°C.

The Consumer Guarantees Act also requires goods to be fit for purpose. If the bath's design means it will be damaged by water heated above 55°C (or by bath salts), then these limitations should be made clear at the point of sale. Carolyn said there was nothing provided by Zip that suggested the bath would be damaged in such circumstances.

Kohler's Mark Skelton has now told us the company is going to investigate further the problem with the bath. He says Kohler stands behind its products and has offered to replace the bath, whether or not a manufacturing fault is found. That's welcome news for the Armitsteads. It's also good to hear that Kohler is willing to back its product and resolve this problem for the couple.

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