Wrong door fitted but contract signed

Whitlane

I recently purchased a new composite door and paid 10% deposit.  Prior to placing the order I had described in several emails the door that I wanted.  I went into the showroom and discussed the door with the sales assistant.  However, the sales assistant wrote down the wrong style on the contract and I didn’t notice this so signed the contract.

The mistake wasn’t noticed until the door had been fitted and I contacted the company straight away.  The company are refusing to acknowledge their mistake and as I signed the contract are saying the door must be the one I requested.  There are also a few other issues with the door which include an incorrect door handle/letter box and a mark on the door that has been touched up in a different shade from the door.  The company are willing to look into these other issues but are refusing to replace the door.

I have not paid the outstanding balance as I am trying to resolve the issue and have requested the wrong door style be replaced with the correct style.  The company are refusing to do this and are demanding that I pay the outstanding balance.

Does anyone know where I stand with this as I have always paid any outstanding invoices but I feel this is their mistake.  As I signed the contract do I have any comeback?

MattMattMattUK

In relation to the wrong style, no, you have zero comeback, you signed the contract/order form confirming what you were purchasing.

Aylesbury_Duck

I too think you're stuck.  How much time elapsed between you signing the contract and them coming out to fit?  Were you there when they arrived to fit it?  They could contend that you had plenty of time to spot the problem, right up to the point where they arrived with the door.  I think you're relying on goodwill here, and it seems they're not inclined to help.

Uptown_Boy

MattMattMattUK said:

In relation to the wrong style, no, you have zero comeback, you signed the contract/order form confirming what you were purchasing.

I disagree (possibly) ... it depends on whether the error on the order form would have been obvious to a consumer. If it was a textual description then I would agree ... if it was a part code and the consumer had had no prior knowledge of part codes, then I disagree - a consumer cannot be bound to the specifics of the contract if the outcome of the error was significantly different to all the pre-contract discussions. (A consumer is highly unlikely to change their mind at the very last minute).

unholyangel

What actually appears on the contract you signed? If it was obvious (if you picked a white regent door but contract says navy Tudor or something) then u think you might be stuck. 

If you mean it says model number xy123 when it should be xy124 or similar then you'd be in a strong position. 

Really, it's a complex question because regardless of what paperwork says, goods must match the model seen/examined, if goods were seen/examined. 

Whitlane

Thank you all for your informative responses.  The door name was put on the contract but the door comes in a flush, farmhouse and textured finish.  
I wanted the farmhouse finish but the flush finish was put on the contract which I didn't notice.  It wasn't until it was fitted that I noticed the error.  
Looks like it could be a costly oversight on my part for not double checking the contract.

the_lunatic_is_in_my_head

Whitlane said:

 There are also a few other issues with the door which include an incorrect door handle/letter box and a mark on the door that has been touched up in a different shade from the door.   

@unholyangel

 Is the OP entitled to reject based on the mark on the door?

www.legislation.gov.uk/ukpga/2015/15/section/9/enacted

(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of that kind are usually supplied;

(b)appearance and finish;

(c)freedom from minor defects;

(d)safety;

(e)durability.

unholyangel

the_lunatic_is_in_my_head said:

Whitlane said:

 There are also a few other issues with the door which include an incorrect door handle/letter box and a mark on the door that has been touched up in a different shade from the door.   

@unholyangel

 Is the OP entitled to reject based on the mark on the door?

www.legislation.gov.uk/ukpga/2015/15/section/9/enacted

(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of that kind are usually supplied;

(b)appearance and finish;

(c)freedom from minor defects;

(d)safety;

(e)durability.

Didn't even spot that. Could potentially be grounds to reject depending on whether a reasonable person would regard it as satisfactory. Rather than getting into the debate of what this theoretical reasonable person might accept, I was thinking this might be more appropriate: 
https://www.legislation.gov.uk/ukpga/2015/15/section/14/enacted

14Goods to match a model seen or examined
(1)This section applies to a contract to supply goods by reference to a model of the goods that is seen or examined by the consumer before entering into the contract.
(2)Every contract to which this section applies is to be treated as including a term that the goods will match the model except to the extent that any differences between the model and the goods are brought to the consumer’s attention before the consumer enters into the contract.
(3)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

In other words, they can't show you one item then have in the paperwork it's something else. They'd need to explicitly tell you how it differs from the model seen/examined. 

Sandtree

Whitlane said:

I recently purchased a new composite door and paid 10% deposit.  Prior to placing the order I had described in several emails the door that I wanted.  I went into the showroom and discussed the door with the sales assistant.  However, the sales assistant wrote down the wrong style on the contract and I didn’t notice this so signed the contract.

Obviously there are two issues here:
1) Door ordered is wrong 
2) Door supplied is damaged

Obviously not seen the email chain but I am personally concerned by the fact you “described” the door rather than quoting a model number or providing a link to a single model on their website or such. It was fairly clearly going to be subjective on the interpretation of the description. Now if you’d said “white” and what they delivered is “black” then fairly straight forward but if it was an “off white” you wanted but what they’ve supplied you’d consider a “light ivory” then thats going to be probably an acceptable variance. 

Did you pay for the door and a separate fee for fitting? Was it the supplier that arranged the fitting or did you do that independently? 

pinkshoes

Whitlane said:

Thank you all for your informative responses.  The door name was put on the contract but the door comes in a flush, farmhouse and textured finish.  
I wanted the farmhouse finish but the flush finish was put on the contract which I didn't notice.  It wasn't until it was fitted that I noticed the error.  
Looks like it could be a costly oversight on my part for not double checking the contract.

So you have the correct door but in the wrong finish? e.g. you wanted BOB with farmhouse finish but they installed BOB with flush finish?

And when you discussed/described the door in your emails, did you use the words "BOB with farmhouse finish"? Is it clear from your emails that you wanted that particular finish?

Uptown_Boy

Not sure if this has been asked or otherwise clarified ... was this a purchase made in-store or was the whole transaction made at a distance? (e.g. online / emails / phone).