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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I supplied a kitchened (no fitting), which was units, doors

Customer Question

I supplied a kitchened (no fitting), which was units, doors and worktop only. the customer picked the colour off a door sample in my shop (beige gloss). This was signed for, ordered and delivered as beige gloss. The colour she has received is a slightly different shade than my sample. I took the supplier to look at her fitted kitchen and he said that vinyl changes colour in time, as with any surface (paint, flooring, windows etc). We both think the shade difference is within accepted tolerance, but the customer does not. Luckily, I took the sample back so she has no evidence that the colour is not exactly the same. She keeps writing to us demanding her money back so she can get the doors elsewhere. I told her there is nothing she can do as she signed for the doors that she had delivered.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

AlexWatts2013 :

When did you supply the goods please and how were they ordered?

JACUSTOMER-e2qqexgk- : Supplied about 4 weeks ago. Customer signed a quote in my showroom.
AlexWatts2013 :

And on your quote does it mention about any variation from sample, or did you mention this to them?

JACUSTOMER-e2qqexgk- : No. My point is that they don't have the sample
JACUSTOMER-e2qqexgk- : And any surface change over time. A wallpaper sample in b&q will vary to the ones ordered due to batch numbers and the effect of sunlight and heat on the sample.
AlexWatts2013 :

So she is just mistaken as to what she thinks it is different?

JACUSTOMER-e2qqexgk- : It is slightly different but we think it's only slight. I'm just checking that legally were covered as she's prove how the sample compares
AlexWatts2013 :

But anywhere is there any notice or document that says a sample may be different?

JACUSTOMER-e2qqexgk- : I have a notice in my shop near some door samples, but she took a sample from another area do won't have seen it. I didn't mention it to her
AlexWatts2013 :

Does the manufacturer have a tolerance for samples and actual product?

JACUSTOMER-e2qqexgk- : Yes but I'm not sure what it is exactly, I can get the info from him if I need to.
AlexWatts2013 : Please do so.