New slate roof - some broken slates - should I accept?

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i’m getting a slate roof put on my new extension and notice that a small handful (maybe 5 to 10) of slates appear to be damaged, either sections at the corners or split longitudinally down the middle. I raised this with the roofer and he says it’s typically unavoidable when when fitting but should not cause any problems as there’s a membrane below the slates which prevents water getting in. Is it ok to accept this or get him to repair it? Thing is a few are at the first few bottom rows so not sure how easy they would be to replace.
 
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No, it’s not ok to accept this. The membrane should not be the main waterproofing layer. That’s what the slate tiles are there for.
 
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maybe its unavoidable when he slates a roof.... Not good
As others have said, Underlay is not your weather proofing

ummm Well in this case it is!
 

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