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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3695
Experience:  Solicitors 2 years plus PQE
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I have supplied kitchen doors that are faulty and have offered

Customer Question

I have supplied kitchen doors that are faulty and have offered full refund do I have to paty compensation /
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.
Essentially supplying faulty doors is a breach of the Sale of Goods Act 1979 S.14 - Implied term that goods are fit for their purpose and free of minor defects.
In breaching this clause the remedy is under S.48 (A and B) - the buyer can require a refund or repair or replacement of the goods.
By offering a full refund you have more than discharged your statutory duty and remedied the harm. You should only pay compensation if:
1. The fault has directly caused the buyer to suffer additional loss (e,g they have to pay to have some one come re fit the goods - this is the only thing I can think of);
2. Or as a gesture of good will.
You are not obliged to pay compensation for the sake of it, the compensation is the refund which directly reflects their loss.
On what grounds are they claiming compensation?
Kind regards
AJ
Alex J. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

they are claiming compensation of £50 per hour to visit me to explain problem to see new replacement door colour option.

The problem I have is the original colour is discontinued and we have offered full replacement in a very similar colour.

They want £50 per hour to remove and to replace new doors this amounts to £1200 which I cannot afford so I have offered full refund and removal and disposal of faulty kitchen doors at my cost.

Customer: replied 2 years ago.

Do I have to pay the VAT as well in the refund as he would have claimed this back on purchase.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
What is the value of the doors?
You would have to refund the VAT - but this would involve issuing a refund note or something for the benefit of HMRC.
£50 is an arbitrary figure. There is no way they can prove this loss. Which they would have to do to make a court claim.
Kind regards
AJ
Customer: replied 2 years ago.

£1675 + vat = £2010

Customer: replied 2 years ago.

sorry their claiming £1200 + vat

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Is that in addition to the cost of the doors?
Kind regards
AJ
Customer: replied 2 years ago.

yes they want £1200 + vat in addition to full refund of the doors

I have offered to remove and dispose of the doors this has been declined and they want £50 an hour + vat to do this themselves

Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
If they want to claim this as a loss in court they would have to prove it.
£50 is an arbitrary figure. I cannot see how they would prove it. You are within your rights to refuse and demand they prove their loss.
Kind regards
AJ
Customer: replied 2 years ago.

Thank you.

The latest information is that they are making the doors themselves and want us to to pay for materials and labour !

this is in addition to the full refund and in addition to the labour fee of £1200+vat

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
That is not a loss. They cannot claim that - ultimately they would then just be getting kitchen doors for free.
The fact that you have refunded the cost discharges your obligation. They may have an argument to say you should pay the cost of removing them but that is the end of it.
There is no way they would be able to prove this as a loss in court.
Kind regards
AJ
Customer: replied 2 years ago.

I have refunded the full amount of doors £2010 inc VAT to their bank account today.

They have said they want the outstanding £1200+vat before they can commence the replacement doors

Thank you for your assistance so far.

Customer: replied 2 years ago.

what about..

F4048B 2b

bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

Customer: replied 2 years ago.

they have now sent me an invoice.

to remove damaged doors purchased and replace with custom made veneered doors £1200 +vat = £1400

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I admit the removal cost may be a loss you have to pay, but replacement of the doors is not a loss.
If you paid to replace the doors as well as refunding them, then you are putting them in a better position that before the breach occurred. That is not restitution, that is just a gift. They have no legal right to demand payment for the replacement doors as well.
Kind regards
AJ
Customer: replied 2 years ago.

Thank you.

I will leave this till after the holidays now as we close today so there will be no communication until january

have a good one.

need to give you a tip :-)

Expert:  Alex J. replied 2 years ago.
Thank you very much.
Please do not hesitate to contact me if I can assist any further. This thread should remain open.
Happy Holidays.
Kind regards
AJ
Customer: replied 2 years ago.

Hi Alex,

trust all is well and had a good xmas/new year.

Our friend has now send the following

Breakdown of Cost for Replacing Faulty Zebrano Doors - All Cost are Ex VAT

22mm MDF Core x 6 Sheets @ £21.00 = £126.00

Labour (cutting to size) - 4 hours @ £37.50 = £150.00

Walnut Edging & Finger Pull Edge

10mm x 22mm @ 118 metres = £130.00

40mm x 22mm @ 118 metres = £125.00

Labour for applying edging and finger pull edge - 8 hours @ £37.50 = £300.00

delivery to veneerers 1 hour @ £37.50 = £37.50

Zebrano veneer & walnut balancer (including labour) = £650.00

Collection of veneers from veneerers 1 hour @ £37.50 = £37.50

Machining of finger pulls including sanding after machining 6 hours @ £37.50 = £225.00

Sanding of veneers pre-lacquering 6 hours @ £37.50 = £225.00

Lacquering of doors, 6 base coats and 2 top coats:-

Base coat clear lacquer + activator & Thinners £70.00

Top coat clear lacquer + activator & Thinners £70.00

Labour including sanding between coats 25 [email protected] £37.50 = £937.50

Buffing of doors to high gloss finish 8 hours @ £37.50 = £300.00

Full installation of doors & drawers fronts including delivery 24 hours @ £37.50 =£900.00


Cost for the Above = £4,283.00

Received from S B Wholesale= £1,675.00

Outstanding Inv S B Wholesale = £1,200.00 (Invoice SI 248)

David Barham Furniture contribution = £1,408.50 - To keep our client happy and to get this situation resolved as quickly and professionally as possible

so where do I stand they stand legally ??

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Can you confirm how much did they physically pay you in total to for the doors and the fitting?
How much have you refunded to them in total?
Kind regards
AJ
P.S I will be off line now until about 1pm so please do not be concerned if you d not hear from me right away.
Customer: replied 2 years ago.

I charged them £1675 +VAT

and refunded £1675 + VAT

I have been told that their customer has paid £30,000 for the kitchen which has my doors ! of course there is appliances and granite worktops.

I think they expected real veneer in the first place if paying that amount of money.

So the client is expecting his doors to be replaced Free of Charge but my customer expected me to pay for the new veneered doors.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
You have discharged your obligation, bar potentially the cost of removing the doors.
You absolutely do not have to pay for them to buy new doors. That is not restitution that is getting something for nothing. It makes no sense - effectively they would end paying nothing for any of the kitchen doors - that wont stand up in court as a contractual remedy.
Kind regards
AJ
Customer: replied 2 years ago.

Do I have to offer some form of compensation to remove the doors ?

I was going to offer £150 which is a normal fitters day money.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
It has to be worth a try to do it as a gesture of goodwill.
Make clear though that the offer is without admission of wrong doing or acceptance of the damages they have detailed. Also mark the offer as "Without Prejudice - Save as to costs".
Kind regards
A
Customer: replied 2 years ago.

ok please could you word this for me.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I can give you an outline - but it will take me a little while - I may not revert to you until over the weekend?
Kind regards
AJ
Customer: replied 2 years ago.

thank you

Expert:  Alex J. replied 2 years ago.
No problem.
I will revert to you as soon as I can.
Kind regards
AJ
Expert:  Alex J. replied 2 years ago.
My apologies this question disappeared from my list.
I am travelling this morning but will post my response as soon as I get back to my computer.
Thank you
Kind regards
AJ
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I am afraid I cannot write the letter for you but I have listed below what it should say:
1. Mark the letter at the head "Without Prejudice Save as to costs";
2. Detail the offer you have made to date i.e the refund;
3. Say you will absolutely not pay for replacement doors - on the basis that you have refunded the full costs of the doors provided you have returned them to the position they were in prior to when the contract was made;
4. Say that paying for new doors as well as refunding the cost of the original doors is not restitution or payment of a valid contractual loss. Say that you do not believe that any court would expect you to pay for new doors in addition to refunding the old ones.
5. Say that without admission of liability you will make a further offer of £150 as a gesture of goodwill for the removal of the doors - say that this offer is only made to bring this issue to a close.
6. Say the offer is open for 7 days at which point you will consider the matter at a close.
Kind regards
AJ