Faulty Dining Room Furniture - Advice please

marnstars

Hi everyone, I'm after some advice please.

I recently took delivery of a dining room set (table & chairs) and a sideboard. On opening I found there to be the following issues:

Table:
Scratch on the top
Split piece of wood on the extension section
Two furture significant chips to the wood on the hinges to the extension section
The interesting bit was the quality assurance sign off sticker right next to the split wood!

Sideboard:
It wobbles!
The two (non-visible) supporting legs are different lengths (one is about 5mm off the floor when the other is touching).
Of the four legs - there is again some 4 to 5mm difference in length.
This has already twisted the framework somewhat, as one of the doors fails to open easily.

The suppliers have just sent an inspector out, who I feel will report back that they will:

• Polish out the scratch and fit a complete new centre-extension section.
• Put felt pads under the offending short-leg to alleviate "acceptable manufacturing tollerances" (he claimed my wooden floor was as much to blame - despite there being clear differences in leg length). He also noted with me that this needed to be sorted quickly, as once the frame has set in a twisted position - it would be impossible to rectify. Nothing's perfect I know, but my old pine sideboard sat perfectly on there without a single wobble for years!

I'm off to see the retailer later today - any advice you can offer would be welcome. We are in the process of upgrading our house room by room and buying quality furniture that will last - I feel so so disappointed with what has been delivered. 5mm of error doesn't sound a lot, but it causes one hell of a wobble.

If things progress against my satisfaction, I did pay a deposit for furniture paid for on Credit Card and the rest is on a 0% finance balance.

Appreciate your advice. Thanks.

neilmcl

marnstars wrote: »

The suppliers have just sent an inspector out, who I feel will report back that they will:

• Polish out the scratch and fit a complete new centre-extension section.
• Put felt pads under the offending short-leg to alleviate "acceptable manufacturing tollerances" (he claimed my wooden floor was as much to blame - despite there being clear differences in leg length). He also noted with me that this needed to be sorted quickly, as once the frame has set in a twisted position - it would be impossible to rectify. Nothing's perfect I know, but my old pine sideboard sat perfectly on there without a single wobble for years!

Why not wait until they actually do report back before jumping to conclusions.

marnstars

neilmcl wrote: »

Why not wait until they actually do report back before jumping to conclusions.

I did ask the inspector for his opinion and that's the interpretation he gave. My understanding is that you don't get to see the report, if you want to, then you have to pay to see it.

Whilst yes you could say I'm pre-empting the response of "we'll repair" but more interested in what rights I have in terms of the overall poor workmanship. On that, I can't be accused of jumping to conclusions - honestly. They seem already to be edging towards "within the realms of tollerance" - hence my orginal request for pre-emptive advice.

neilmcl

Under the Sale of Goods Act you should be entitled to a full refund at this stage as you've rejected the goods outright within a reasonable time period. Don't accept a repair!

anthony101_2

Don't accept a repair. If it's not fit for purpose then ask for a replacement. I bought all my furniture from sherwoodsfurniture.co.uk they were great. I had a chip in the leg of table which was damaged in transit. They replaced it within 7 days and gave me 10% off any future order. They were already by far the cheapest for the furniture I wanted. Great guys and highly recommended

bingo_bango

I'd agree with both neilmcl and anthony above.

However, OP doesn't say how long they had the item before reporting the problem (I assume though that this was immediate) and if they have formally rejected the goods yet, as the amount of time between delivery and actually formally rejecting the goods is crucial.

Also, the point anthony makes about 'fit for purpose' is not quite right. The table can still be used as a table, and the sideboard is still a sideboard. They're just not very good ones.

The argument I would make is under S14 (2B) (b) & (c) of SoGA. It's the freedom from minor defects that you would use here. There is no argument that there are defects, and the inspector's report stating that they can offer a repair will only confirm that for you.

anthony101_2

Nicely put bingo. You'd think though in todays economic climate that any retailer would bend over backwards to ensure good service. The goods have obviously been delivered in poor condition and most retailers would probably just send it back to the wholesaler anyway and get a replacement at no real bother to them. Why do so many retailers not have good customer services and after care?

marnstars

Guys - thanks for the help (due thanks given to all).

I did indeed reject the furniture within 4 hours of it being delivered (once I noticed). I put this in writing on an email.

The due course and practice theay said was to send out a technician and he would file his report. Again I reitterated that irrespective of his conclusions and findings, I was rejecting the furniture.

The visit today seems to indicate that the technician (hired now I understand by the manufacturer), was as per my previous posts - seemingly pushing towards repair ! Hence my email earlier.

I have visited the store today and pushed them to support me in my action. I reitterated that I reject the furniture and that they should be working with me to resolve to may satisfaction. I'll keep you posted.

Cheers all.

marnstars

Gents. I'm after further guidance if you can provide any. I've stuck to my guns and they we're adament of repair of the table and non-replacement of the sideboard (blaming my floor, despite there being recognised differences in the lengths of the legs - being within "manufacturing tollerances")

I've advised them in writing to replace or collect and refund. They have now said they will collect then refund. I have also been paying off some of the credit agreement off in the meantime - so unsure if that can easily be cancelled?

Whilst they have backed down, it's not ideal - I'll be without dining room furntiture until such a point when I can get some replaced - this took 14weeks to be delivered!

Compensation - should I be looking for any?

Great advice before - I'm after a tad more please. :A

bingo_bango

Well done on sticking to your guns. It just proves that perserverance and belief in your rights do win the day!

Trying to claim compensation on such a case is going to be fraught with all sorts of difficulties. Compensation is normally the reserve of tangible losses, and the loss of use of a dining set for 14 weeks isn't really a tangible loss. I certainly couldn't begin to guess a figure for it.
I'm not saying don't ask for it, but be prepared to justify the amount you're seeking if you are asked. And don't be disappointed by a firm 'no'.

As for the credit agreement, you should contact the credit firm (in writing) explaining what the situation is, and that you are expecting to receive a full refund. It's keeps them in the loop should you need to issue a Section 75 claim against them should the retailer not come through.

Not an ideal answer by any means, and I would love to be more positive, but I think you are going to have a hard time trying this on. If you do try it, please post back with your results as it helps to inform others in the same boat.

marnstars

Guys. The result - new furniture being delivered in 10 weeks. Defective furniture remains in place for use "without cost or liability" until that furniture is delivered.

Thanks for your help and guidance. :beer: