How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I bought a disused club house and decided to convert it into

Customer Question

I bought a disused club house and decided to convert it into a bed and breakfast guest house in Devon Cornwall. I saw a local newspaper advertising exclusive deals of 50% price reduction of all bathroom fittings, doors and windows from Affordable Suppliers (AS).
On the basis of catalogue supplied, I ordered and paid for, five internal doors and seven windows. Five internal doors were delivered; three doors were consistent catalogue description while two did not. AS acknowledged the discrepancy and offered to reimburse £50 for the difference in price of the two types of doors.
All seven windows were delivered and installed, however two weeks later, the builder discovered the windows were made of cheap materials and therefore failed to meet design specification and industry regulations. I ordered their removal and return to supplier.
Supplier also sent me a sample radiator and a boiler with accompanying note which read, ‘The samples delivered are on 55% discount offer. There is no obligation to buy them, however, if we do not hear from you in two weeks or if samples are returned not within three weeks we will assume that you have accepted to settle the deal.’ I read the note and forgot all about it until six weeks when an Invoice was sent by AS.
Meanwhile, AS refused to take back the rejected windows citing a clause within the contract that read, ‘goods once opened and fixed cannot be returned’.
What are my legal and contractual rights in this case?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Is this a real life question or a student question?
Customer: replied 1 year ago.
student question - I have been off of uni with bulimia nervosa and I have extenuating circumstances I just need some help :(
Customer: replied 1 year ago.
is it £56.00 every time I type and you type?
Expert:  Ash replied 1 year ago.
I am not going to give you the answer, but can point you in the right direction, if thats ok?
Just because in my experience students dont rate the answer once I have given the information and as such I dont get paid.
If you rate now, it wont close the question and I can give you the information you need.
Its a one off fee.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I will rate it now for you - I just need as much information as possible I don't want to have to re-do the year because I know I will just leave as im on year 2 of 5 :(
Customer: replied 1 year ago.
I have done it I did the 50% and £10.00 tip what happens now??
Customer: replied 1 year ago.
??
Expert:  Ash replied 1 year ago.
Yes ok - I need to prepare the answer.
Alex
Customer: replied 1 year ago.
Thank you x
Expert:  Ash replied 1 year ago.
All seven windows were delivered and installed, however two weeks later, the builder discovered the windows were made of cheap materials and therefore failed to meet design specification and industry regulations. I ordered their removal and return to supplier.
This would be a breach of S.9-S.12 of the Consumer Rights Act 2015, in that goods are not as described, fit for purpose or of suitable quality. Therefore clearly not fit for the purpose for which they were intended.
Supplier also sent me a sample radiator and a boiler with accompanying note which read, ‘The samples delivered are on 55% discount offer. There is no obligation to buy them, however, if we do not hear from you in two weeks or if samples are returned not within three weeks we will assume that you have accepted to settle the deal.’ I read the note and forgot all about it until six weeks when an Invoice was sent by AS.
Again,they can not say you are deemed to accept it. They can not exclude your statutory rights, you have a 'reasonable time' in which to reject goods. In any event you could argue this term is unfair as per Regulation 5 of the Unfair Terms in Consumer Contract Regulations 1999.
Meanwhile, AS refused to take back the rejected windows citing a clause within the contract that read, ‘goods once opened and fixed cannot be returned’.
This is a breach because again, they are NOT able to exclude their statutory obligations. Terms implied by law can NOT be excluded.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
would the company have to offer a refund for the windows? even if they was installed? x
Expert:  Ash replied 1 year ago.
Yes if they are faulty.
Doe that help?
Alex
Customer: replied 1 year ago.
would they be faulty if they was made by cheap materials that didn't comply with building regs?
Expert:  Ash replied 1 year ago.
They, not fit for purpose.
Alex
Customer: replied 1 year ago.
what are my rights then, do the company have to give me a refund as they have not complied with building regulations?
Expert:  Ash replied 1 year ago.
Yes they do. This is breach of contract.
Alex