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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Sir/ Madam Quite recently I ordered a Multi Fuel Stove

Resolved Question:

Dear Sir/ Madam
Quite recently I ordered a Multi Fuel Stove and Chimney Liner from a retailer, placing a
deposit and receiving a receipt and written confirmation of the technical specification.
Later when the stove was installed I paid the outstanding balance and was given the operation and installation manual. This gives a stark warning: " that under no circumstances should any form of solid fuel be burnt on the stove, to do so would invalidate the guarantee."
When I contacted the retailer they stated that the literature had been updated since the manual I was given was printed, and that I should ignore the warning and go ahead and burn solid fuel as well as wood.
Further: " that the manufacturer reserves the right to amend the specification without prior notice". The problem is that the stove will not operate effectively on solid fuel.
Must I accept their retrospective amendment? I note that it has a patent pending, and
although their answer would seem to solve my problem it doesn't.
Can they retrospectively cancel a document which contradicts their original technical
specification?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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. There is no need to wait here, you will get an email when I reply.
Alex Watts : When did you take delivery and how did you pay for this please?
Customer:

Dear Alex

Customer:

Thank you for your assistance. I took delivery on 5th October where the retailer carried out the following work; line chimney

Customer:

and fit stove. On the same date I paid the balance, £890.00 to complete the final sale price of £1,779.00, having paid the

Customer:

50% deposite to order on 6th September -both dates 2013, (deposit £889.00).

Customer:

I paid for the stove using my Nat West Visa Debit -cash switch card.

Alex Watts : Apologies for the delay.
Alex Watts : When you say it is retrospective, they confirmed it was ok later to burn solid fuel, have I understood you correctly?
Customer:

Yes that is correct.

Customer:

When the stove was delivered I was given an encapsulated plastic envelope which contained the operating & instructional

Customer:

manual together with the guarantee.This manual radically contradicts the technical information given to me at the point of sale

Customer:

/ contract on the 6th September 2013. I would never have purchased this stove had I been given that information at the point of sale.

Alex Watts :

I see. Goods must be fit for purpose, as described and of suitable quality/

Alex Watts :

If this is not the case then this would be cause to reject it.

Alex Watts :

But no, they can not incorporate further terms AFTER the point of contract.

Alex Watts :

All terms and conditions should be included at the time of contract - they can not change it afterwards.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you , you make the clarification of my problem abundantly clear.May I take this opportunity of confirming my appreciation for the professional service that the system and you have provided. After reading your conclusions I became

Customer:

aware of the fact that Patent Pending is not quite the same as a registered Patent number !

Customer:

Thank you again.

Customer:

Craig Dexter Vincer.

Ash and other Law Specialists are ready to help you