Carpet manufacturer Norman Ellison has been ordered to pay to replace carpet attacked by carpet beetles.
Consumer member Heather Stenhouse is hugely relieved. After battling for nearly two years, the Disputes Tribunal has ordered manufacturer Norman Ellison to pay her $12,900 to replace the faulty carpet laid in her house. Heather's glad the battle is over but it still rankles that she had to take Norman Ellison to the tribunal to get the firm to pay up.
The problem
Back in 2004, Heather had new carpet laid in her Blenheim home. Around four and a half years later, holes had appeared: carpet beetles were the culprit. These pests are a well-known problem and manufacturers treat new carpets with an insecticide to deter them. But the carpet in Heather's house hadn't been treated properly.
After she discovered the problem, Heather got her house sprayed for carpet beetle. She also went back to the retailer. After a lot of to-ing and fro-ing, the store agreed to get a sample of the carpet tested. Results showed the sample had sufficient levels of bifenthrin – the insecticide used to prevent beetle attacks. But Heather realised the results may have been affected by the fact she'd had the carpet sprayed to deal with the beetles. Further tests by AgResearch on off-cuts of the carpet showed very inadequate levels of bifenthrin.
After more than six months of trying to resolve the matter with both the retailer who sold the carpet and Norman Ellison, Heather took them to the Disputes Tribunal. In its evidence, Norman Ellison suggested the fault lay with Heather because she hadn't reduced the risk of beetle attack by keeping the carpet clean. It also suggested the beetle may have developed resistance to bifenthrin and questioned whether the off-cut tested was really the same as the carpet laid in Heather's house.
The verdict
The tribunal rejected Norman Ellison's arguments. The referee found the company had breached the Consumer Guarantees Act because the carpet wasn't "fit for purpose". It accepted expert evidence that the carpet hadn't been treated properly. Norman Ellison subsequently applied for a re-hearing on the basis the amount awarded against it to replace the flooring was too high. The tribunal refused the application, stating the company had plenty of opportunity to raise this during the initial hearings but hadn't.
When we spoke to Heather in late November, she was still waiting for the cheque. She's applied to the court for a "distress warrant", which empowers a bailiff to visit Norman Ellison to gain payment. Heather says the whole experience has been extremely unpleasant and not one she'd ever want to repeat. But she's pleased she stuck up for her rights. She'll be even more pleased when Norman Ellison pays up.
Update: Heather has advised us that a cheque from Norman Ellison arrived in January 2011.
More from consumer.org.nz
- Disputes Tribunals - how they work and what's involved
- Carpet - our guide to choosing new carpet
- Consumer Guarantees Act - a guide to your rights
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I have an 8 year old carpet put in a new house that is now riddled with carpet beetle especially under heavy furniture. I cant shift any furniture or indeed shift house! When I was a child I remember a problem, since then carpets have been treated. What has happened since then? Have the beetles become resistant? Why is this problem not mentioned a lot more?
Im surprised to read that carpets are treated with chemicals without this being made clear to the buyer. Normal Ellis also treat another range of carpets with Ultrafresh to deter dustmites. Has Consumer done any tests on the safety of these chemicals for those of use who have allergies? Thanks.
My understanding of the carpet beetle is that at the start of the carpet beetle cycle a moth lays the eggs in the carpet on a seasonal basis so it is important when vacuuming to pay particular attention to the edges of the carpet as this is the area to be most affected as the beetle will flourish if it is not disturbed.
We have just had our carpet replaced after 10 years - it was full of carpet beetle.
Are you telling me all carpets are supposed to be treated as part of being "fit for purpose?". I have never seen this mentioned in their (Hills Flooring) information, not was it mentioned when we told them the first carpet was riddled with carpet beetle. How long should we expect the treatment to last??
Norman Ellis be shamed, this is a disgrace, stand by your product
Here is a clear case of a major manufacture/supplier trying to wriggle out of what has been shown to be a manufacturing problem. Fairness and customer satisfaction not being an issue with them.
The message this conveys to me is don't buy Norman Ellison carpet I'm sure there are other carpet suppliers who successfully maintain a high quality standard, and most of all take an interest in their customers