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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3666
Experience:  Solicitors 2 years plus PQE
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We bought carpet from Carpet right for the whole house just

Customer Question

We bought carpet from Carpet right for the whole house just over a year ago and it is supposed to have a 10 year guarantee the stair carpet has holes in the middle and they will not replace it as it is down to wear and tear we paid just over £4000 for this and there are only two of us in the house Help please
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.
Do you have confirmation in writing that they wont replace the carpet?
Kind regards
AJ
Customer: replied 2 years ago.

No we had an independent surveyor they called in to look at the carpet but they will not show us the letter, I have also complained to the Citezens advice for help they strate that as the carpet is only justg a year old it is not fit for purpose

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I will explain the position below.
1. The Law
- Sale of Goods Act 1979 S.14 there is an implied condition that any goods must be fit for their purpose and of reasonable quality.
-This is a contractual claim and the time limit for a contractual claim is 6 years;
- Technically unless it is a perishable good you could assume that it is implied that the item will last for six year and be reasonable fit for its purpose in that period.
2. The facts
- The carpet has worn out after one year;
- A carpet is used across a household and people do not replace their carpet every year;
- The evidence suggest the product is either faulty or not fit for purpose;
- You also have the benefit of a ten year guarantee.
3. Remedy;
- As a claim for breach of s.14 you can claim all damage that is a naturally occurring consequence of the breach;
- However under the Sale of Goods Act 1979 you are required to give the vendor an opportunity to repair the damage - which they have refused to do.
- Practical Steps:
(i) write to them and demand that they either refund you or replace the carpet. Say that if they do not, because they are in breach of S.14 you reserve the right to either:
(a) Complain to Trading Standards www.tradingstandards.gov.uk/
(b) Make Claim in the county court https://www.moneyclaim.gov.uk/web/mcol/welcome
(ii) If they still refuse you will have to either sue or make the complaint to Trading Standards.
I look forward to hearing from you.
Kind regards
AJ

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