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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69511
Experience:  Over 5 years in practice
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Buying a New kitchen We invited a kitchen rep who measured

Resolved Question:

Buying a New kitchen
We invited a kitchen rep who measured up the new kitchen and costs on a design sheet which I signed. The rep charged £100.00. this was 2 months ago and delivery is for October. I have since checked out the company and found a very long list of complaints and do not wish to proceed with the purchase. On checking the contract it states " I would like to start immediately on my kitchen. ie The design to go to survey and materials to be ordered and administrative work to be started" this dose not have my signature. Also on the design sheet it states "this is not a contract but only our advice to you, the customer. I have not received any other correspondents for the kitchen company. Am I still liable for the purchase?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
is there any reason you think you might not be?
Customer: replied 1 year ago.

Hello Jo C,

the design sheet is an A3 page the front is the design element on the back their is advice for customers, a small box to sign with " I would like to start immediately on my kitchen. ie The design to go to survey and materials to be ordered and administrative work to be started". Not signed by me and a 14 day right to cancel in a seperate box. Not sure if I am still liable to pay as I have signed the front.

The info have been digging up is shocking the company we contacted was Kitchen Units Rochdale linked to Best Value Kitchens of Europe linked to Uber Kitchens.

The director is Mr Sersen - Martin Sersen aka Vance Miller (a villain in every sense)

Regards, Ian

Expert:  Jo C. replied 1 year ago.
Does it say when the 14 days runs from?
Delivery or signing?
Customer: replied 1 year ago.

Signing

Expert:  Jo C. replied 1 year ago.
The document in question isn't a particularly helpful one. If it is evidence of the contract then it isn't really very conclusive.
However, a paper document is not a contract. All a paper document amounts to is evidence of a contract. A contract is the oral agreement that two parties reach. Many contracts are oral.
For that reason, whether the paper document is uncertain or not makes no difference.You agreed verbally and so are bound.
You could make something of the delay though. You didn't agree to two months delay and you could make time of the essence by writing to them and demanding completion.
The other alternative that you leave and breach the contract which would be unlawful but they would only have a claim for the sum of their loss and unless the products have already been made and can't be sold to another because they are bespoke the loss is not likely to be great.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Hello Jo,

thanks for the response, did need to see where I stand legally. I guess I have a few options

1. Pull out of the contract with the possibility of being sued

2. Contact the supplier - (note, have contacted them already to confirm delivery they have not responded back to date as they cannot find the paperwork for the contract), and try to cancel

3. Carry on with the delivery and not except the goods if pieces are missing/broken or damaged. Stating the Sales of goods Act 1979

4. Arrange a delivery date, if the goods do not arrive could I use this to cancel the order?

Dwelling on the above, I think I will trying contacting (and record) to see if the paperwork is still missing and use this to cancel the order. Do not like the look of other avenues to go down

Regards, Ian

Expert:  Jo C. replied 1 year ago.
It is not quite as simple as just cancelling if they are late. Lateness per se is not a ground of cancellation unless time is of the essence in the contract.
However, it is quite unlikely to come to that give the other options.
Customer: replied 1 year ago.

If allow the delivery to go ahead and it turns up with missing, damaged parts could I tell them to take it away and refuse payment?

Ian

Expert:  Jo C. replied 1 year ago.
It depends if they replace them.
If you want out of this contract then the safest way is to tell them as soon as possible that you don't want to proceed. They may claim their loss but it is not a lot at this stage.
Jo C., Barrister
Category: Law
Satisfied Customers: 69511
Experience: Over 5 years in practice
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