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Claiming costs from retailer

I want to claim back costs from a bathroom retailer because the part that came from their supplier was incorrect and it took 2 days of 'but it's def the right part', 'cut a bit off it' etc before theitr supplier fessed up and admitted it was the wrong part. My builder lost 2 days due to this and was left hanging on a premium rate number for 32 minutes and I had to drive to the store twice to try and sort it out. Does anyone have a letter template for this ? and also I;m assuming I should deal with the retailer and not be fobbed off as it being a supplier issue.

Comments

  • Avoriaz
    Avoriaz Posts: 39,110 Forumite
    Good luck with that.

    I appreciate your frustration but I don't think you will get anywhere.

    The retailer may make an ex gratia contribution if you ask very nicely, or give you a discount on further supplies, but anything significant would be very unlikely.

    The supplier has no liability. Your contract is with the retailer.

    In law I doubt if the retailer is liable for consequential losses. Once they have supplied the correct part, they have fulfilled a contract for sale.
  • phill99
    phill99 Posts: 9,092 Forumite
    Part of the Furniture 1,000 Posts
    You will really struggle with this. Good luck.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You mean your builder couldnt get on with anything else either with your job or another job on his books.

    I dont think you stand a chance to be honest.

    But good luck in trying.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Avoriaz wrote: »
    Good luck with that.

    I appreciate your frustration but I don't think you will get anywhere.

    The retailer may make an ex gratia contribution if you ask very nicely, or give you a discount on further supplies, but anything significant would be very unlikely.

    The supplier has no liability. Your contract is with the retailer.

    In law I doubt if the retailer is liable for consequential losses. Once they have supplied the correct part, they have fulfilled a contract for sale.

    Depends, business to business supplies can exclude just about anything, business to consumer are bound by Sale of Goods and can't exclude consequential costs flowing from the initial supply of the wrong part.

    Whether it's worth the hassle pursuing it via the courts is another matter
  • diywhynot
    diywhynot Posts: 742 Forumite
    Exactly why I go with supply & fit...it is worth the extra cost to me.
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