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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46154
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I purchased a large quantity of paving slabs, the purchase

Resolved Question:

I purchased a large quantity of paving slabs, the purchase was based on the colour illustrated in brochure. The slabs have been laid and the appearance is totally different to the illustrations, some of the slabs are correct but the majority are not. I have informed the company with photographs and as a good well jester they offered £900.00. Considering the overall cost (£10,000 ) I feel that this offer is to low. I also feel there could be an issue regarding trading standard due to the misrepresentation.

I welcome your comment. Thank you

Paul Chownes-Dove
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Was the difference in colour not noticeable before you laid them? In other words could you have spotted this at an earlier stage?

Customer:

Dear Ben,

Customer:

When laid they appeared to be the correct colour,after 12 months they faded leaving a quite a few the original colour.Due the weather we completed the other areas this year and again there appear to be the correct colour. Although the brochure indicates that weathering will take place which I accept, but not to the exstent

Customer:

that they have leaving a percentage the original colour. The paving area looks like a "patch work quilt" which is not what we expected.

Ben Jones :

ok thanks let me get my response ready please

Ben Jones :

When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.


 


The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.


 


If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:


 


1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances and it would be a period within which it would have been reasonably expected for you to notice the issues with the items and assuming you had not accepted them. It is quite difficult to establish this with certainty and only a court can really make that decision based on the facts of the case. In your argument you can state that the issue was with weathering and that it would not have been possible to determine that until the slabs had been exposed to the elements for some time.


 


2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.


 


A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale.


 


It may be there is still time to reject the goods based on the argument I mnentio0ned above but it is slightly questionable. If you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses. Unfortunately court may eventually be the only route if the seller is reluctant to cooperate and you may pursue the claim through www.moneyclaim.gov.uk.


 


Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Thank you, ***** ***** is nebulous I will though carry on to attempt financial compensation before going down the court route.

Customer:

many thank for your input

Customer:

Kind regards

Ben Jones :

you are most welcome, best of luck in pursuing this

Customer:

Paul Chownes-Dove

Ben Jones :

Thanks Paul, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46154
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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