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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We are a small business, we would like to know where we stand

Customer Question

We are a small business, we would like to know where we stand legally to get money back for defective lighting goods and associated items bought at the same time, where failure of one element resulted in the whole batch of items being useless for our purpose.
We wrote to the supplier as below..
...
Further to your conversation with my colleague this morning, I am
writing to confirm the request for a refund for LED goods supplied,
some unused or some faulty.
I ordered LED light strips and associated fittings over the phone with
you, invoices 3577 (dated 16/02/16), 3587 (dated 19/02/16) and 3591 (dated 22/02/16) refer. As I explained to you at the time, these fittings were for an exhibition stand and some of the fittings were being bought on spec and would be returned to you unused
to which you agreed.
The stand was to be constructed on site at the exhibition hall and fitted out with lighting on 27th-28th February. On that date we were unable to use the majority of the LED strip lighting and fittings as the 3M adhesive backing simply did not stick to the surface and the tape came away from the rear of the LED strip. The exhibition opened to the public the next day, the morning of Monday 29th February. You suggested today that we should have called you in to fix the problem, we didn't know that was your procedure, but there was no time on the Sunday to wait for that anyway, we just expected what we had bought to work.
You mentioned during your conversation with our Andrea that you advise customers not to rely on the adhesive qualities of the 3M backing and to purchase additional stronger adhesive tape. However, you did not make me aware of that at the time and there is nothing on your website which points to any limitation, the area of use being totally clean and dry, I therefore expected the 3M tape to be of sufficient quality
and fit for purpose.
We came back off site having been unable to use the majority your goods, we therefore request a refund, goods listed below.
(total c£300)
...
Their reply below
...
Thank you for your email. I am sorry that you feel there was a problem
with the 3m backing and can assure you that this is the first
complaint we have had of this nature.
However, as per our terms and conditions, we would be unable to accept
any returns for items so long after the 14 day period. We do ask that
we are advised of any faults or damage to products in writing within
48 hours of receipt.
...
We spoke to them again following this response but we were shouted down by sales person again.
The goods were ordered over the phone after being advised what would be suitable for the purpose by them, they did not state their restrictive terms neither are they on their invoices, only on their website. We feel that their terms are unfair and too restrictive, is that the case? Do we have a case?
thanks
Andrea Pickering
Submitted: 7 months ago.
Category: Law
Expert:  Ash replied 7 months ago.
Hello my name is ***** ***** I will help you with this.For now please let me know how much you are seeking to claim?Alex
Customer: replied 7 months ago.
Hi Alex
just claiming the value of the unusable goods £256.68 + vatthe cost of our loss of face infront of our customer can't be quantified at this time
thanks
Andrea
Expert:  Ash replied 7 months ago.
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 Andrea?Alex
Customer: replied 7 months ago.
Thanks, ***** ***** that below are their t&cs on their website ?Terms & ConditionsPLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.CopyrightLED Lightworld is a trading name for Fast Track LTD
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdom and other copyright laws, and is the property of Fast Track LTD. The collective work includes works that are licensed to Fast Track LTD. Copyright 2011, Fast Track LTD ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Fast Track LTD or purchasing Fast Track LTD products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Fast Track LTD or to purchase Fast Track LTD products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Fast Track LTD. You further agree not to change or delete any proprietary notices from materials downloaded from the site.Trademarks
All trademarks, service marks and trade names of Fast Track LTD used in the site are trademarks or registered trademarks of Fast Track LTDWarranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Fast Track LTD disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Fast Track LTD does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Fast Track LTD does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.Limitation of Liability
Fast Track LTD shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Fast Track LTD has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.Typographical Errors
In the event that a Fast Track LTD product is mistakenly listed at an incorrect price, Fast Track LTD reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Fast Track LTD reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Fast Track LTD shall issue a credit to your credit card account in the amount of the incorrect price.Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Fast Track LTD without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.Notice
Fast Track LTD may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Fast Track LTD.Miscellaneous
Your use of this site shall be governed in all respects by the laws of the United Kingdom, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Fast Track LTD products) shall be in the courts located in the United Kingdom. Any cause of action or claim you may have with respect to the site
Expert:  Ash replied 7 months ago.
Ok. I don't think it makes any difference as a consumer they are bound by the consumer rights act 2015 and as trade customer they are bound by sale of goods act. They can't exclude these.Does that clarify? Alex
Customer: replied 7 months ago.
sale of goods act is now consumer rights act? that covers trade customers?
thanks
Expert:  Ash replied 7 months ago.
Yes if it was after October 2015. Then the Consumer Rights Act 2015.Does that clarify?Alex
Expert:  Ash replied 7 months ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 7 months ago.
hi alex
thanks for your emails over the weekend, i'm speaking to my business partner, we may need more help with this, i hope that is ok
Expert:  Ash replied 7 months ago.
Sure. Please do remember to rate when you can. It does not close the question. Thanks.
Customer: replied 7 months ago.
Hi Alexok noted, can you confirm the following is good to send please, also what do you think would be our reasonable costs to add on, court costs etc?Dear Sir/Madam
Re: Invoices; 3577 (dated 16/02/2016), 3587 (dated 19/02/2016) and 3591 (dated 22/02/2016)On the above dates I phoned your store and following your advice bought LED light strips and associated fittings invoices 3577, 3587 and 3591 refer. As I explained to you at the time, these fittings were for an exhibition stand and some of the fittings were being bought on spec and would be returned to you unused to which you agreed if the packets remained unopened therefore re-sellable. I was not made aware of any restricted faulty goods or returns policy. On receipt of the items we took one strip light out of the packet to bench check the lighting quality, we didn’t try testing the adhesive backing by pulling some off as that was expected to be fit to do its job.The stand was to be constructed on site at the exhibition hall and fitted out with lighting on Sunday 28th February. On that date we were unable to use the majority of the LED strip lighting and fittings as the 3M adhesive backing on the LED strip simply came away from the rear of the LED strip so that we were unable to attach the LED strip lighting to our stand surface. The exhibition opened to the public the next day, the morning of Monday 29th February. You suggested when we phoned you subsequently to complain that we should have called you in to fix the problem at the time, we didn’t know that was your procedure, but there was no time on the Sunday to wait for you, we just expected what we had bought to work and we had to try to find and install alternative lighting on that day in order that our project did not fail.We came back from the exhibition having been unable to use the majority your goods.
When you spoke to my colleague and subsequently myself you may have misunderstood the problem, the problem was with your product, the adhesive tape not remaining stuck to your light strip, not with any other surface application.The Consumer Rights Act makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality. As you are in breach of contract we are rejecting the faulty and associated therefore unusable items listed below and request that you refund the sum paid to you of £308.01 (incl. VAT).I also require you to confirm whether you will arrange for the items to be collected or will reimburse me for the cost of returning them.If I do not receive your satisfactory proposals for settlement of my claim within seven days of the date of this letter, I intend to issue a claim against you in the county court without further reference to you.Yours faithfully,
Customer: replied 7 months ago.
Hi Alexnearly there....the company is Fast Track Ltd t/a LED lightworld, the lady we spoke to to complain seems to be a director of Fast Track Ltd, do we address the letter to her as we know her name or not restrict it to one individual?thanks
andrea
Expert:  Ash replied 7 months ago.
Yes that is fine. You can sue as above. Does that clarify? Alex
Customer: replied 7 months ago.
hi Alex, there's a couple of things we need clarification on please...
1. what do you think would be our reasonable costs to add on for our time, your cost, court costs etc?
2. the company is Fast Track Ltd t/a LED lightworld, the lady we spoke to to complain seems to be a director of Fast Track Ltd, do we address the letter to her as we know her name or not restrict it to one individual?thanks
Expert:  Ash replied 7 months ago.
1. You are permitted to add £19 an hour2. You address the letter to the companyPlease do remember to rate my answer so the site credits me for my time spent. Thanks. Alex
Expert:  Ash replied 7 months ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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