Returning unused building items

philgeorge

Hi All,

Hoping someone can offer some advice. We had a builder come out and do some work for us in our front and back gardens. In the back garden we ordered a new natural slab patio from the Brett paving brochure.

However when it turned up, the slabs looked completely different to those shown in the picture (not a variation, a completely different colour). We returned them and ordered new ones. However the builders merchants now want to charge us for both of the packs, even though one was returned completely unopened and one returned as it was, just with the plastic seal broken around it.

Where do we stand? We don't want to pay for them and have them redelivered, but likewise don't want to lose our money. The builders merchants are being very difficult about it and Brett have washed their hands of it completely.

Any advice gratefully received!

Furts

Did you buy them or did the builder buy them? Were these on an account or a cash sale? Were these a special order specific to you, or are they a stock item at the builders merchants? Did you agree with the merchants to return the slabs in exchange for another colour, that is, was this pre-arranged?

Sorry this is questions not answers, but to help suggest a way forward it would be helpful to know more details.

Put another way - if this happened to me, I would call out the builders merchants rep, say this product is not satisfactory, and agree a replacement. The builders merchant would be happy with this, there would be an audit trail, and the cost would be passed onto, or born by, Brett. This is how merchants work - in general they do not carry the financial risk for what they supply.

If the merchant is a large group then your experience suggests you have done something wrong.

philgeorge

Not a problem. In answer to your questions:-

They went on the builders account and we stated we would pay the merchants directly. They were a special order for us. As for the return, the merchant came out to deliver more materials and took these away with them. Our builder arranged for the delivery of the new slabs.

I actually met the rep from the merchants and he apologised they weren't correct and said "he would get it sorted". To my mind that was returning the old slabs and swapping for the new ones.

They have just tried to charge us for the full crate which has gone back, unopened, to Brett! They have now removed that but are still saying that the opened crate needs to be paid for in full.

I said I would call Brett to argue the toss with them, but apparently Brett wouldn't even care because as far as they are concerned once they leave their yard they are no longer responsible for them (the words of the merchants).

As for the merchant, they are a smaller independent merchant (South Coast Building Supplies).

Furts

Paying the builder's account is a risky strategy and not one that I would advise. The builder would have more clout and influence to resolve this if he was footing the bill.

To move forward have you a written detail of the rep's response? Did the rep arrange the replacement slabs or did you instigate this? Is the rep coming forward to fight your cause?

In general, if building materials are special order they cannot be returned. But by using a large builders merchant there is less likelihood of them calling it special order, and more likelihood they can sell the materials should they be returned. It is normal to be asked for a re-stocking fee if items are returned. Whether this gets paid is another matter.

Over to you now...