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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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I have an issue with two garage doors I had installed in Feb

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I have an issue with two garage doors I had installed in Feb last year at a cost of £2500. Since installation I have had numerous problems with the operation of the doors and initially a lot of scratching which was as a result of bad design. The doors have been modified several times, one of the modifications to try and stop the scratching. Post this modification the door slats were replaced however, similar scratching has returned though not to the same degree. On top of this, earlier this year we experiance a hail storm which has caused a lot of small indentations all over the doors which has denegrated the overall looks of the doors. I believe garage doors should be able to withstand hail since it is not uncommon in the uk, furthermore the company makes statements of ‘great choice, best value, diamond quality and service’. The company did offer to replace the door slats at 50% cost placing a date limit by which I had to confirm acceptance; I did not confirm their offer. The company has offerred to replace 3 of the worse scratched slats which I do not believe is acceptable. I am thinking of taking this case to the small claims court since I believe the doors to be a substandard standard. Do you think I have a good case? Your thoughts would be appreciated.
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
I will summarise the position below.
1. The Law:
- Under the Sale of Goods Act 1979 S.14 there is an implied term of quality and fitness.
- Goods should be sold of reasonable quality and fit for their purpose including that they should be free of minor defects.
2, The Facts
- You purchased an outdoor garage;
- It is clearly implied that it should withstand the British weather;
- The aesthetics are obviously important to the quality of an outdoor garage;
- The garage was scratched in hail (arguably standard British weather).
3. The remedy.
- Breach of the implied term under S.14 is treated as a contractual breach;
- Your entitled to claim reasonably foreseeable losses;
- Under S.48B of the Sale of Goods Act 1979 you are entitled to insist that the seller repairs or replaces the goods.
- If the seller refuses to repair or replace the goods then you can make a money claim in the County Court https://www.moneyclaim.gov.uk/web/mcol/welcome
As a practical step, I would write to the seller explaining your rights under S.14 of the Sale of Goods Act - say that his repair has been inadequate and if they do not replace the goods within 7days you reserve the right to:
1. Report them to Trading Standards www.tradingstandards.gov.uk/ ;
2. Commence a county court claim.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

With regard to the advertising on the company's web site and specifically, the "great choice, best value, diamond quality and service" discriptives; how much weight does this have to my case?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
That adds no weight - it is just advertising "wind"/nonsense on their part.
They are in breach because they have sold you a product that is "not fit for its purpose".
Kind regards
AJ
Customer: replied 2 years ago.

Just to clarify, the doors were not scratched as a result of the hail. The hail has caused lots of little indentations and the scratching I believe is a result of bad design and the surface some how coming into contact with other structure/surfaces within a box section when rolled up; in effect, 2 different issues that along with a poorly c/o modification make the appearance less than satisfactory. Do you have any further comments/ advise as result of this clarification?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
My answer is the same, the design of the doors means they are not fit for purpose and accordingly the seller is in breach of S.14 of the Sale of Goods Act 1979.
Kind regards
AJ
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