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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are a small family flooring retail business . We supplied

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Hi we are a small family flooring retail business . We supplied a product called 180 brushed and oiled engineered wood to a customer. She had her own fitter install the floor. 3 weeks later she complained that the floor was staining. We arranged for an independent inspector to go out and he confirm the wood was unfinished ( no oil on the wood) I check the sample / manufactures invoice / our sales invoice / the box the wood came in and they all say the same 180 brushed and oiled. So it is a manufacturers fault. The manufacturer has offered to have the floor sanded and re oiled or the money back for the customer to have a company of her choosing to do the work.
The customer is demanding that she has her money back and also money to pay a fitter to uplift the flooring and install a new floor. I explained to her as we did not install the floor, and it clearly states on the fitting instruction which she assures me her fitter had read. Under owner/installer responsibility ....it states the consumer and installer assumes all responsibility for final inspection of product quality. If the flooring is not ecceptable,contact the dealer immediately. Prior to installation the installer / owner has final inspection responsibility as to grade. The fitter obviously fitted an unfinished wood instead of what it said on the box brushed and oiled. I have asked a number of fitters and they have all said they would have pointed this out to the customer prior to the installation. So I would assume he and the owner should take so responsibility. Can you tell me how our company stands regarding the law please. Many thanks Chris
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Just to be clear was it the fitters fault or the manufacturer in terms of the problem?Alex
Customer: replied 1 year ago.
The maufacturer sent the wood out untreated (it should have been oiled to protect it) so excepts responsibly for this and has offer to strip the flooring and re oil the floor for the customer.
The customer is asking for a full refund and money to have the floor taken up and a new one fitted.
Our company only sold the flooring to the customer.
We did not install the flooring.
The fitting instructions that where in the box, states.
Owner / installer responsibility
The consumer and installer assumes all responsibility for the final inspection of the product quality. If the flooring is not acceptable contact your dealer immediately.
Also says
Prior to installation the installer/owner has final inspection responsibility as to grade, manufacture and factory finish.
The customer assures me the her fitter read the fitting instructions.
I then told her he should have told her the wood was unfinished and not brushed and oiled as on the box.
Therefor the customer and the person who fitted the flooring should should take responsibility for fitting the wrong flooring.
Can you tell me where I am right to say this.
Many thanks Chris
Expert:  Ash replied 1 year ago.
The customer has 2 choices:1) A full refuind2) Accept 'repair'The customer can NOT have both a refund and the cost of taking it up and a new floor. This is because the customer would have had to pay for purchase and laying of a floor. If you do what they suggest then they get the entire floor for free. They can NOT do this.So its either one of the above choices.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
No that's great. It's a weight off my mind many thanks
Expert:  Ash replied 1 year ago.
No problem, happy to helpAlex
Expert:  Ash replied 1 year ago.
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