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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There. We have recently purchased some norstone rock

Resolved Question:

Hi there. We have recently purchased some norstone rock panels to cover a wall. This is the third time we have made a purchase from norstone. We installed the panels and then applied the sealer as provided by norstone. The sealer has completely ruined the appearance of the panels. The sealer claims to be invisible yet has darkened the stone. The sealer also behaves very differently to the last two times. Water sits on the surface whereas in the other walls the water penetrates and naturally darkens the wall. We have contacted norstone, who have forwarded our emails and pictures to universeal. We spoke to universeal on Friday and they are going to do some tests on the panels at their end. I am concerned that both norstone and universeal are going to try and fob us off between them. Are we entitled to our money back? Are we entitled to getting replacement panels from norstone at their cost? or should they completely rectify the situation by removing the old panels and installing the new? Where do we stand from a law point of view?

The panels, adhesive and sealer all cost c£1500.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
You are entitled to:
1) cost of making good, or
2) cost of new panels, or
3) refund
You need to write and set out your losses and request a refund 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.
If they do not refund you 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.
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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

which part of law are we dealing with here. Is it sale of goods act or is it failure to supply goods that say as described?

Expert:  Ash replied 2 years ago.
Sale of Goods Act, goods must be fit for purpose, as described and of suitable quality.
Alex
Customer: replied 2 years ago.

Hi Alex, sorry to come back on this but we have been dealing with the retailer over the last 2 days and he has written back saying that the instructions were not followed correctly and also on the conditions of sale / laticrete warranty (laticrete is the glue basically). however he has written this in a without prejudice headed letter, which I understand means it cannot be disclosed in a court. He has offered to resell us the product at cost price.

The tin says - it is the users responsibility to ascertain the suitability of this product and in laticrete instructions it states that for external applications " we would advise applying a test coat on an off cut prior to application..".

As we have had this product before and have had no issues, we trusted that he had supplied the same sealant.

Does anything change here?

Do you have any guidance on how we should reply to the without prejudice letter?

We'd like to try and settle this outside of the legal system if possible.

Thanks Alex

Expert:  Ash replied 2 years ago.
No, it's the same the law is clear.
Alex
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.

Thanks, ***** ***** questions. Thanks