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Nicola-mod
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hi i am base in the uk and we made a custom bed for a client

Customer Question

hi i am base in the uk and we made a custom bed for a client and after approval and a few months passing they are saying it is faulty when it was approved by the designer. he wants me to replace the item however we made it as per the designer asked for.
and we dont offer any guarantee on custom items but i dont want to pay out for it i just want it to go away?
Submitted: 3 years ago.
Category: Law
Expert:  leanne-jones replied 3 years ago.
Hello - my name is XXXXX XXXXX it will be my pleasure to assist you today.

Who provided the design? The customer?
Customer: replied 3 years ago.

Hi Leanne,


 


We make for designers who then supply the end user.


So what they wanted was a bed base which was fine a fitted headboard which was to be fixed to a dwarf wall in the bedroom.


We quoted the designer the items as a stand alone piece so supply only.


The designer then wanted extra work to the headboard some cut outs for sockets and a visit to the place to measure up. the orignal quote did not all for the cut outs so the site visit to measure the sockets was rolled in to a site visit.


The visit was solely to asses the size of the sockets so we could cut them as per the design given


The bed was installed and the designers client had signed it off. This was done in June / July and we had heard nothing from their client until a call in november and at the time we said we are not able to do anything as so much time as lapsed.


 


so whats happened is the design for the headboard is to wrap around a solid free standing brick wall which we made. but to get accurate cut outs for the sockets we did the site visit. the desginer failed to outline there was a radiator on the other side of the wall which has caused the wood to warp. they are now saying we would have seen this on the visit but no concern for this was made by either the designer of the bed or the client. we dont over any guarantee for bespoke and in this time frame the bed may have also been miss used.


so we dont want to refund or re do as this is the designer who ordered and they should have said about the heater,they are saying we saw it and we should have said something


 

Expert:  leanne-jones replied 3 years ago.
I assume they have paid you already?

And to be clear, they signed everything off?
Customer: replied 3 years ago.

yes they paid before works done but the designer didnt pay the client paid into our account so he assumes he has a direct contract with us signed off but we were engaged by the designer who has has taken them selves out of the equation and we dont owe them anything but he is now referrring to the sales of goods act 1979

Expert:  leanne-jones replied 3 years ago.
Thanks.

Well that is the correct legislation. But if they signed it off and it was designed for them, you dont need to refund.

If it was wrong they should have told you earlier and given you an opportunity to fix it.

But they did not do not and as such they have lost that right.

I am of the view that as this is bespoke, they signed it off and they have now waited, that any claim would be unsuccessful. As such you are right to reject any claim or refund.

I hope this reassures you and if I can be of any further assistance please let me know.

Customer: replied 3 years ago.

Hi Leanne so do I ignore the lette or reply as he set it by courier and reception signed for it and gave to us? It's not on headed paper he wrote "legal document" on envelope and letter just his address? Sorry I'm so stressed with this as I made in good faith and as per the designers drawing and she's now doing nothing and letting him contact us direct. Is it better to call you? My no is XXXX XXX XXXX Thanks Netra

Expert:  leanne-jones replied 3 years ago.
I am sorry but communication has to be through the site.

Just write back and say that you deny any and all claims.

You designed as per the spec and the brief was signed off. Accordingly you acted in good faith and can not be held responsible in those circumstances.

Do not be held to ransom, it is not your fault, they should not have signed off saying it was ok,

Does this help?

Customer: replied 3 years ago.
Yes thanks but what if he argues that as he claims its a making fault ?
I just want reply in a way that he knows I have taken legal advice so he won't try again?
Expert:  leanne-jones replied 3 years ago.
That is his right to make a claim, you. You can not stop that even if there are no grounds. Whether he wins is another matter all together. But from what you have told me, even if he does claim the chances are it will not succeed.

I hope that puts your mind at rest somewhat.

Customer: replied 3 years ago.

Hi again, sorry i need to get you to ok draft of what im saying im just still unsure -


 


Dear ..Randall,


 


We were engaged by Design Box to make an item designed by Design Box and approved by yourself. Design Box drawings did not show the radiator or the sockets and no emails mention this.


The site visit was solely to measure the sockets only and all emails relate to this.


As designed by Design Box they failed to mention or raise any concern for this or any other item in the room.


The bespoke item was signed off and approved by yourself and Design Box


 



Aura designed as per the spec supplied by Design Box and the brief was signed off. Accordingly you acted in good faith and can not be held responsible in those circumstances.


 


Bespoke items do not have a guarantee and no written email was ever sent to us raising any concern within our notifcation period of 14 days


 


Aura deny any and all claims.



As i have to write a formal letter i wanted to double check the above is ok?


 


Thanks,


 


Netra

Expert:  leanne-jones replied 3 years ago.
Yes - that is fine. Send by recorded delivery.

Please remember to give my answer a great rating - thanks.

Expert:  leanne-jones replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?


Leanne
Customer: replied 3 years ago.

Hi Leanne,


 


Sorry for not rating just yet. First time using you guys and i have been through all correspondence to give a real final boot. So just need to to proof this last email before i send.


 


Dear ..Randall,


We were engaged by Design Box interiors who were instructed by you as their client.

Design Box designed the item according to your specification and Design Box asked us to make their design.

The Design Box drawings failed to indicate any sockets or any other items that may be a factor to their design however it was still approved by yourself.

All emails to Design Box solely relate to a site visit for the measuring of sockets as well as the extra cost to make them in the item.

The installation took place on the 3rd July 2012 and approved signed off by you on the 6th July 2012 in Design Box pressence.

On bespoke items Design Box were aware we have a 14 day notification period and that there after our terms state no claims can me made on custom items.

We have re checked our emails and you first contacted us by email on the 14th January 2013 which is 6 months later after the installation.

Aura designed the items as per the spec supplied by Design Box and the brief was signed off.

Aura accordingly acted in good faith and can not be held responsible in these circumstances.

We have spoken to our legal team and Aura deny any and all claims.


can i refer to you as a legal team to deter him?


 


Regards,


 


Netra

Expert:  leanne-jones replied 3 years ago.
Yes - that is fine. This sounds a good email.

Customer: replied 3 years ago.

Ok thanks so as ive never used this before how long can i leave this log open for with you? so if i send response and he replies back etc


 


how long do you have with you?


 

Expert:  leanne-jones replied 3 years ago.
If you rate my answer you can come back to me and ask follow ups.

But if it is a new question which is unrelated, you must post a new one.

Does that clarify?

Customer: replied 3 years ago.

hi leanne can i still talk to you about this case as they have replied to the letter you told me to send recorded?


 


regards,


 


netra

Customer: replied 3 years ago.

hi leanne can i still talk to you about this case as they have replied to the letter you told me to send recorded?


regards,


netra






Customer: replied 3 years ago.

Hi Leanne,

 

So after receiving the letter they sent a letter which i think isent to you but it wasnt from the solicitor directly design box sent it in an email. then i replied we will be in touch and then she sent the reply below and the last thing i sent was my solicitor will be in touch

i have a trainee solicitor working for me so she said that to acknowledge but they cannot force your reply to their date of the 15th july.

 

pls see below their email thanks

Hi Netra,

Thank you for your email.

We are eager to get this rectified as soon as possible in the simplest way possible for all parties, and suggest a simple site meeting to ascertain the cost of repairing the piece. This would no doubt be the most cost effective way forward. I'm sure that you agree that none of us want to waste time and money going down the legal route if it can be avoided.

If you could come back to us by 15th July that would be great as per our letter.

Best wishes,


Emma XXXXXXXXX
Director
XXXXXXXXXXX


Expert:  Nicola-mod replied 3 years ago.
Hello,

I'm very sorry but leanne-jones is no longer available to answer questions. I've been working hard to find another Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Expert:  Alice H replied 3 years ago.
Hello and welcome to Just Answer.

My name is Alex and I'm happy to help with your question today.

My colleague has given you some comprehensive answers. Is there something else you wish to know?
Expert:  Nicola-mod replied 3 years ago.

Hello,

Just a quick reminder, there is an information request here from the Expert. This means they need to know more details before they will be able to give you a full answer.

Thank you,
Nicola

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