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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3666
Experience:  Solicitors 2 years plus PQE
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hi i've a problem with a company that sells splash backs for

Customer Question

hi i've a problem with a company that sells splash backs for kitchens in stainless steel, approx. 620mm x 720mm we have not taken the wrapping of yet. the web sight ask you for the size that you req. and also if you need holes or no holes. the problem is, we thought that they would be only 4 holes one in each corner, but they have put 8 holes in it which from our point of view its spoiling it. theres no indication on the web page for you to say how many holes are req. emailing the company , and all they say its automatically done for the size. alco engineering
high bullen
torrington
deven
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.
Unfortunately unless you specifically requested that there only be four holes, then this is not a sale by description and there is no remedy available.
When you requested holes then there was an obligation on the company to provide something that is reasonably fit for purpose. They have deemed 8 holes as reasonably fit for purpose. S.13 of the Sale of Goods Act 1979.
The maxim "buyer beware" applies here and I am afraid you are very unlikely to have any success in claiming a refund or a replacement. At best you may be able to persuade them to cancel the order.
Was there any indication in the pictures of the product that it would only have 4 holes?
Kind regards
AJ