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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71145
Experience:  Over 5 years in practice
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We ordered some custom wooden windows, once we had chosen

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We ordered some cus***** *****en windows, once we had chosen the company we wanted from several quotes, we made some adjustments to the quote and they re issued a final quote which had measurements and pictoral illustrations of the windows. We agreed on a price and the spec of the windows as per the quote. They then came and measured the property and produced a set of CAD drawings, but on one of the windows missed off Georgian Bars, which was on every other window. i didn't notice as I was so worried about the sizes. I checked all the sizes and all bar 1 window was wrong so I had to re submit the sizes and they the reissued the CADS, again with bars missing on the same window, we signed it off and they manufactured them and only on delivery did we spot the error. They are saying we signed it off tough luck, we are saying but your CADS didn't match the quote on which the contract is based. Where do we stand?

I'm really sorry but I can't give you good news.

Customer: replied 1 year ago.
Go on

Come what may, you signed this off. If you did sign this off then they are not responsible.

You could try to argue that the CADs didn’t match the quote and that amounts to negligence but the problem remains that you were shown them and you signed it off. There is just no way around that.

If they hadn’t been manufactured then probably you could dig your heels in to put pressure on them but if the windows have been made already they will not almost certainly.

Customer: replied 1 year ago.
we haven't even mentioned money to them but we feel that we have paid for something we have not received. But had they come back to us and offer to amend it or a fee but they simply don't want to do that. I'm guessing we're stuck with nothing to do.

No you may not.

But you signed this off.

I don't know whether it can be amended? If so, you could try to argue with them over that.

Customer: replied 1 year ago.
I spoke to the Cab yesterday and they said that we might be able to apply the consumer rights act saying that they as the experts needed to display reasonable care and skill in their preparation of the CAD's but as they didn't match the quote that was the basis for the contract (and had got all of the measurements wrong) w might have a case but from what you're saying, there's no point.

I wouldn't take any notice of the CAB. I have just been dealing with somebody who was given completely incorrect advice by them.

In this instance, they are grasping at straws.

You signed this off. Even if they were wildly negligent, you viewed it and signed it off.

Customer: replied 1 year ago.
OK, Sounds like the accountant scenario, you pay the experts to produce it but if they make a mistake, it's still you that signed it off so your liable!

That is why they get people to sign things off.

It is a little unfair because nobody really studies these things but the reality is that the law will presume you have done so if you have signed it.

Customer: replied 1 year ago.
Ok Well thanks for your help, You've ruined our night but I was afraid you were going to say that!

I would still try to negotiate with them.

They might well do more than the law would require.

Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
He's not a very helpful man. If he'd have said OK we'll get them re made at 50% cost or something we'd have probably gone for that but he's just not interested. Thanks for your time.

Well, if you haven't paid yet then it is in his interests to negotiate. Otherwise he will have to sue for all he knows and that carries risks.