Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Did you have a separate contract with the fitters or were they just 'part and parcel' with the purchase?
They were part and parcel of the service. I had no contract with the fitters.
In this case your contractual rights would be against the supplier of the kitchen because they had provided the fitting service as part of the purchase agreement and you would only have one contract, which would be against them. In law you can only really pursue someone for breach of contract if you had a contract with them and in this case you did not have a separate contract with the fitters, you had just one contract with the supplier and the fitting service was part of that. So under consumer law and contract law you can pursue the supplier.
You may, however, also pursue the fitters directly under the law of negligence because they were in fact negligent in their actions and that caused you a loss. Therefore, you have a choice as to who you want to pursue and can try one of the first and move on to the next one if the first fails. You just can’t pursue them both for the same thing and get compensated twice for the same losses.
Thank you Ben. Is the fact that they wont finish the snagging also a breach of contract?
yes if they have failed to do what they had initially promised to do, which was to correctly and safely install the kitchen
I had to pay the kitchen fitters when they left (which I thought was odd at the time). My contract is still with the kitchen people I bought the kitchen from isnt it?
Yes it could be the case. Although a contract can be implied even if there was nothing in writing, so for example if you had negotiated directly with the fitters, instructed them on what to do and when to do it, dealt with them throughout and paid them directly…there could be an implied contract with them rather than through the supplier, but that is a matter for the courts to decide.
Thanks. When I had problems with the fitters throughout the process, I always dealt with the firm I bought the kitchen from, who then dealt with the fitters. They had also scratched our new floor (after pleading with them to look after it in advance) and ruined our outside decking by not covering it up properly. The kitchen suppliers were the ones who dealt with those issues with the fitters. Now that I am asking for money back, the suppliers are saying we need to deal with the fitters...
yes that's convenient....it looks like the dealings and all contractual relations were with the suppliers so in the first instance I would pursue them, knowing you can always go after the fitters if it is officially found you actually had a contract with them
Great, thanks for some peace of mind
you are most welcome
I am trying to rate your service but seem unable to!
it's a glitch, you can just type it out instead and we will process manually later, thank you
Very happy with the service from Ben. Thank you
Many thanks., noted