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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Customer ordered a kitchen with us because there was a budget

Resolved Question:

Customer ordered a kitchen with us because there was a budget involved we used Howdens units and not our handmade bespoke cabinets.
Again because of the budget the customer decided to not have pull out units or a secret cupboard.
We discussed worktops, although the customer wanted granite worktops because of the budget they chose the Maia worktops.
We pointed out that Maia was not as hard as granite and could mark.
We paid Llandaff Laminates for the work tops and made it to the customer’s specification.
We fitted the worktop and the customer was delighted.
2 Days later the customer rejected the worktops as they were scratching and were not fit for purpose.
I contacted Maia direct and they said the worktops had a 10 year warranty if the materials were faulty. Advised to contact LLandaff Laminates.
Llandaff sent a representative to the customer’s house and we all had a meeting with customer.
2
Representative was Graham Moore.
He advised that worktops would only need 6 months use of a care kit and they would find their own pertina( shine)The same as a stainless steel sink.
Customer and customer’s Dad in their words said ; We refused to do anything to the worktop and want it ripped out; Refusing to pay for materials and our labour.
Maia and LLandaff will take no responsibility
We have finished the kitchen despite all the problems.
As a gesture we have offered to leave the work top in place until an alternative can be arranged provided they pay our labour charges of £900.00.
Customer has refused to pay anything for the worktops and fitting.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you with this? Did you have a contract with them to supply the goods and fit the kitchen and then subcontracted with the suppliers?
Expert:  Jenny replied 1 year ago.
What would you like to know about this situation?
Customer: replied 1 year ago.
Yes we have a contract to supply and fit the kitchen and worktops.We paid for the worktops and the customer is refusing to pay for the worktops and the labour to fit the worktops.
Expert:  Jenny replied 1 year ago.
Has the customer paid for the remainder of the work?
Customer: replied 1 year ago.
Yes the work is complete and he has paid for the kitchen and instalation.
Expert:  Jenny replied 1 year ago.
Has the customer simply said he will not pay? Has he retained the worktop? Is he asking you to provide a solution/ new work top?
Customer: replied 1 year ago.
They will not pay they said take them out! We do not want them. The worktops are still in place we were going to take them out today but decided to seek advice first. No they said they are going for granite, we do not deal in granite. Customer also added they are very pleased with our craftsmanship. The issue is the Maia product.
Expert:  Jenny replied 1 year ago.
Do you believe the product is as described/ fit for purpose?
Customer: replied 1 year ago.
The rep for Maia and we say the product is as described and fit for purpose.However this customer chose Galaxy which is Black and like all black items it does show marks. However the rep said with 6 months using a care kit the customer will not see the marks. Customer is not prepared to even try this.
Expert:  Jenny replied 1 year ago.
The customer only has the right to refuse to pay if he can demonstrate the item is not fit for purpose. Your best course of action is to say that it is and that the manufacturer has proposed a solution and that you require payment. If he refuses to pay you will have to take court action to recover the money. In the event that the court agrees with the customer and you suffer a loss as a result of this you will need to take separate action to recover your monies from the manufacturer. Is there anything further you would like to know?
Expert:  Jenny replied 1 year ago.
Hello do you have any further questions about this as I can see you have not yet rated my answer?
Customer: replied 1 year ago.
Only just read you answer I need to now discuss with my husband and son ( we are only a family business) I will then rate.
Thank you for your help and advice. I need to ensure that I am not on a free months trial and then £56.00 a month how do I ensure this . I have paid the £56.00.Thanks
Customer: replied 1 year ago.
would you advice to remove the worktops or not.
Expert:  Jenny replied 1 year ago.
I am not paid unless you rate my answer. Unless you have requested a ongoing arrangement then this will be a one off question and answer. I would not advise that you remove the worktops unless you are prepared to accept that they are not fit for purpose. If you remove them then you will not have a cause of action against the customer.
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