I have just purchased a monoblock drive from Zenith. I am happy with the work done by the contractors. However the salesman stated that the drive would take 4 men 4 weeks to complete. It actually took 2 men 7 days to complete, so I was overcharged. I was also told that the blocks were bespoke, made especially for me, when they arrived they came from Travis Perkins and I could have bought them off the shelf myself. I have asked the men who completed the job how much it would cost and they could have done it for half the price and still made a healthy profit. Therefore I have been charged for blocks which were misrepresented and 80 days work not 14. Do I have a case to request a refund of half the costs from Zenith. Regards XXXXX XXXXX
I did not get a breakdown of the individual costs, the original quote was for £21,000 which with various "discounts" i.e. letting them put up a board, and phone calls to a "manager" was brought down to £15269. The salesman said he was Marketing Manager, this turns out not to be true. I did not get another quote at the time, as I was told we were paying for 4 men's wages for 4 weeks, and the blocks would be especially made for our job. We were shown the processes in a brochure, but not left with the brochure.
I have since had a verbal quote from another company who said it would cost around £7,000 for the whole job, with 2 men for 7 days.
I have been lied to about the job status of the salesman. The man hours to complete the job (therefore charged a much higher rate), and the fact that we paid for bespoke bricks which we did not receive.
There are two elements here, the labour and the materials.
For the labour I do not think you have a claim. Just because they think it will take x hours does not mean you can hold them to it.
You would have been free to get alternative quotes, someone else could have taken quicker.
Therefore with the labour I do not think that you have a claim.
If when they showed you the bricks they said they were bespoke then you may have a claim under the Sale of Goods Act in that the goods were not as described.
This is because clearly they have not been custom made but off the shelf from TP
Therefore if you have a claim it would be in terms of materials only, not the labour
As for misrepresentation I do not think you have a claim on this head - this is because the ONLY reason you signed the contract was because of the bricks.
This is unlikely as the primary purpose is the block paving.
Not the materials.
Therefore you will have a claim in the materials but for the reasons above not the labour
I am sorry if this is not necessarily the answer you are looking for but I have a duty to be honest
Can I clarify anything for you about this today please?
How would we go about making a claim under the sale of goods act, as clearly the blocks are not bespoke as described by the salesman, but are off the shelf.
We signed the contract upon the understanding that the blocks were made individually for each client. Any of which were sub standard would be recycled. This was the reason given for the work to be started in 8 to 10 weeks to allow the blocks to be made especially for our job.
Would we have a case to do this, and how much would it cost?
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