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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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Dear Sir, Madam,I Would like to find out if I have the

Customer Question

Dear Sir, Madam, I Would like to find out if I have the rights to refuse custom ordered, made and delivered engineered oak floor boards and have new made according to my first order which was specified to a manufacturer. The problem is that my email was mishandled and the invoice which I have forwarded to the bank to pay for was not checked by me as I have had no doubts in a company and person I am still dealing with moreover it was my second order out of 3 I have placed since. After two months of wait they have arrived and today I have offered one solution. To replace or refurbished at the company's cost. It has been declined with an offer*** Moving forward, you have two options – we can collect the floor and refinish it at reduced rate of £5+vat per m2. Or – you can purchase the oil at a reduced rate from us, and you can arrange to have the floor refinished yourself after installation.*** In my opinion it tells me following. I have to contribute and and also pay for the back and forward delivery as well as get my self and 4 people full of inconvenience and lost of time. I have requested to pass my request to the heads of the manufacture and hope to have a reply by the end of today. I would appreciate if you can advise me on my rights. Thank you. Sincerely [email protected]

Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Are you saying the ordered flooring is not to standard?
Customer: replied 3 years ago.

Hi Jo.


 


The floors has arrived in a different finish. Basicaly my first order was repeated and instead of light colour finish they have arrived in black.


Thank you.


 


 


Kind regards,


 


Alexey

Expert:  Jo C. replied 3 years ago.
Thanks

I'm not quite clear whether they accept you ordered the light colour finish?
Customer: replied 3 years ago.

Yes they have accept it but while refering to the wrongly issued invoice which Ihave paid for they refuse to avcept that they made mistake when issued invoice to me.

Expert:  Jo C. replied 3 years ago.
I'm sorry if I'm missing the point but I don't understand ?

Do they accept they delivered the wrong item? If you don't know then thats fine.
Customer: replied 3 years ago.

Clearly they do not accept that they have delevered wrong item.

Expert:  Jo C. replied 3 years ago.
Thanks

Do you have any written record of the original order? Usually there is some form of original receipt?
Customer: replied 3 years ago.

Yes I have email in which I specified the finish and I have an invoice with the wrong finish on it.

Expert:  Jo C. replied 3 years ago.
Thanks for the information.

On the face of it, there should be no difficulty with this then. You ordered an item and the one delivered doesn’t match its description. The SGA is quite clear. The requirement to match the description does include appearance.

In those circumstances, they should correct it for free and, in fact, without causing you significant inconvenience.

Obviously I haven't heard their explanation for this though which might change everything.

Hope this helps. Please let me know if you need more information.

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