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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice
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I purchased a pair of bespoke gates which were delivered

Resolved Question:

I purchased a pair of bespoke gates which were delivered damaged.i contacted them including photos they offered a repair kit I rejected.they offered 15 percent discount.i rejected. Next offer 35.irejected.they offered pick up repair/replace and return.i told them I didn't want a repaired item as I was purchasing for a customer I have lost confidence in them,and want my money back.they say they not responsible. For damage in transit,yet they employed them they said they could cancel the order but I would be liable for 40percent of the total cost. I find this very unexceptionable
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Are you asking if you are entitled to cancel?

Customer: replied 1 year ago.
I have told them I have lost confidence in them and want my money back,as am paying for a new item not a repaired item.
Expert:  Jo C. replied 1 year ago.

Ok. Are you asking if that is lawful?

Customer: replied 1 year ago.
Am I entitled to my money back
Expert:  Jo C. replied 1 year ago.

Not on this basis I'm afraid.

This is a bespoke item so the usual CRA rules do not apply.

Expert:  Jo C. replied 1 year ago.

The right to reject is not automatic essentially because they cannot just sell a bespoke item to somebody else.

There is a duty upon them to provide you with goods of a satisfactory quality but they are offering to repair the fault which is perfectly adequate in law.

Expert:  Jo C. replied 1 year ago.

There is a capacity in law to refuse this company to allow repair on the basis that you have 'lost faith' but you are not describing grounds. You would have to have sound grounds to believe they are not capable of repair and you are not describing a reason here.

In any case, all that would mean is that they would be liable for the cost of getting another tradesman to do the repair rather than a full refund.

I'm very sorry but their offer to repair should be accepted.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
But they organised the delivery so I find that very unfair
Expert:  Jo C. replied 1 year ago.

Oh yes and they are liable but not for a full refund.

Customer: replied 1 year ago.
Can I claim the remainder of refund from courier
Expert:  Jo C. replied 1 year ago.

No. Nobody is liable for a full refund.

Expert:  Jo C. replied 1 year ago.

Unless, of course, the repair fails.

Expert:  Jo C. replied 1 year ago.

Or you can prove that it was done by the courier rather than despatched in that condition but I wouldn't go down that road.

It doesn't matter who caused it. They are responsible for the actions of their agent.

Expert:  Jo C. replied 1 year ago.

But then you return to your rights under contract and they are entitled to try to repair.

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