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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I own a company that designs baby clothes. We have them

Resolved Question:

Hi,
I own a company that designs baby clothes. We have them manufactured through another company in India although we deal through there office in the UK. We put an initial order of over 10,000 garments with them and paid up front.
When they arrived, it appears that they have not followed the SOP as they have stuck the bar code and sizing labels directly over the artwork. One of which is the sizing table for parents to know what size to buy for their child. They have also printed the artwork on the clothes in the wrong colour.
I have requested a partial cash reimbursement as these will now have to all be sold online as shops would not take them. They have offered no cash re-imbursment, however have offered to ship them back to there UK office and stick extra labels on the packaging to re-display the artwork that is covered.
I believe that this makes the packaging look worse and amateurish and so do not want to do that.
Can you please tell me what legal options that I have.
Kindest regards
Ian
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Ian my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know who did you place the order with, was it the UK or Indian company?

Customer:

Hi,

Customer:

The order was placed through Technocraft group in the UK.

Alex Watts :

Thanks. Have you been invoiced? Or have you paid up front?

Customer:

I paid up front

Alex Watts :

How much? Do you know the cost of putting it right?

Customer:

The cost to fix completely would be around £2000+ to re-order the packaging and then every shipper box would have to be broken down and repacked, which adds a lot more time and cost. The colours of the garment can not be changed so if they were to be replaced, the order cost £16,500

Alex Watts :

Ok, so what you need to do is get the cost of getting this fixed, this will be your loss

Alex Watts :

You need to write and set out your losses and request they correct it refund the losses within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Is the fact that they offered to stick other stickers on the packaging a justifiable defence. Am I able to quantify the extra packaging costs, as the packaging is ordered from China, as well as the cost for me to re-pack. As for the colouring of the garments being incorrect. I sent them a html colour code which they manged to meet on all the samples that they sent. With the large order all the colours are darker shades. The CEO said that this is common with larger batches, however never forewarned of it prior to manufacturing. Can I reclaim anything for the vests not meeting Spec? Also, If I took them to court and lost, do I have to pay there legal fees?

Alex Watts :

Ok - you can sue for any losses.

Alex Watts :

So cost of putting it right, either them or you doing it,

Customer:

One more thing. The product is currently sitting, as it has been for the past 8 weeks, awaiting resolve. I take it I cannot do anything with the product until this is resolved?

Customer:

Also, would it go to a Scottish Court or a UK court?

Alex Watts :

English Court.

Customer:

Hi,

Alex Watts :

Hi

Customer:

So, just to clarify, Do I need to incur the loss before I Sue for it, or can I sue for the cost to rectify it and then get it done?

Alex Watts :

You can sue for rectification that it is done and if they refuse sue for the cost of doing it

Alex Watts :

Does that help?

Customer:

I think so, The problem is that as they have taken so long already the time to fix the issue will take months as the packaging needs to be re-ordered from China. Can a time frame be set as to how long they have to fix it, as it currently is 100% of my stock? And as for a previous question,would them sticking an extra label on the packaging be considered a suitable solution?

Alex Watts :

Indeed. I can't say whether its acceptable solution, only you know that as a merchant.

Customer:

If it is not acceptable to me, would a court say they need to make it spec and not "patch up"?

Customer:

Are you saying "indeed" that a timeframe can be set?

Alex Watts :

You can set a timeframe and it needs to be reasonable.

Alex Watts :

What is reasonable is a commercial decision

Alex Watts :

Can I clarify anything else for you>

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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