Removals company damaged brand new furniture

Gynx

Morning folks
To try and keep a ridiculously long story short, we recently completed our living room furnishings wise mid December 2020. About 5k of items including a 2.4k Sofa.
The house is a new build and in typical new build style, the ensuite above the living room developed a leak which damaged the ceiling (Nothing fell down).

I got in touch with the developer who arranged a visit and during which, they pointed out that they were not happy with the ceiling finish at all. To remedy this they wanted to fix the leak and re-board/plaster/paint the entire ceiling. In addition to this, they would arrange a removals company to take all items into storage inc the carpet.

The job was completed in the timescale expected, the ceiling finish was satisfactory & the decorator was superb so we were looking forward to things being sorted once the furniture came back. It came back yesterday with all items being fine except for the sofa which has a tear/chunk out of it the size of an apple aswell as two smaller scratches else where. I should also note that since the developer arranged the removals company, I have not signed any booking contract, seen the terms or price of the removal. All I signed was at the end saying the furniture had all came back and that the sofa was damaged to which they admit fault.

Their initial response was they wanted to take it away to have it reupholstered, which if it was a few years old I would suspect is a fair resolution. However, as the sofa is both 6 weeks old and under warranty I don't believe this to be truly making things right and we would still be at a loss as the warranty will be void.

The developer is visiting this afternoon to which I am thinking our request is going to be either the purchase of a new sofa or the sofa reupholstered and a very significant portion of our costs towards the original purchase reimbursing.

Does that seem fair ? or would anyone have an alternative suggestion from experience of this.

Cheers

Jeepers_Creepers

I think it's as simple as - you should be reinstated to the position you were in before, no more, no less.

IF having the sofa recovered IS a generally accepted solution in the 'sofa industry' for bringing a damaged new item back to fully 'as-new' condition in every respect, then I can't see you making any further claim or expect compensation as well. But, I would want to be confident that this solution would effectively be like a 'new' product - in terms of finish, colour match, durability, longevity, etc.

I think I'd ask the sofa manufacturer about this - they should be able to say. Was it made in the UK? If so, there's a fair chance that's where it's going back to anyway? They might even say it'll be fine - provided you use one of the following approved upholsterers, for example.

The housebuilder has seemingly acted well and in good faith to sort your problem. That's good news.

Gynx

Hi Jeepers and thanks for your reply.
The developer is cracking on thats true and have never disagreed to do work which is a good thing, but it did take a letter to the CEO of the firm, 170+ snags and so many days in/phonecalls weve lost count (For reference, we moved in Jan 2020 and still have over 15 significant issues).

Sofa wise, the removals firm have a contract with a local upholsterer that they want to use. The original seller has also confirmed it would have to be assessed and repaired by them to maintain the warranty, however damage caused by contractors or when its in storage is not covered so its unclear whether the warranty can still apply.

My approach angle to this is that had the sofa been delivered in that condition as it was 6 weeks ago, under SOGA I would have rejected it due to needing major repair (It needs a panel of fabric & the underlying foam replacing).

Im not entirely fussed about getting money back etc, but merely want a 6 week old sofa that still has the warranty intact and has not needed major repair with new fabric that is a "best match" as the removals guy put it.

koalakoala

Personally I would want a new sofa

Gynx

Thanks for your reply Koala
Im of the same thinking

George_Michael

If you have it reupholstered and then in a year or two, the fabric discolours or falls apart, what then?
As it wasn't the fabric supplied when the sofa was new, the retailer or manufacturer wouldn't be interested and as you didn't personally pay to have it re-covered, you wouldn't have any rights against the company that did the work so you would be reliant on  the developer trying to sort it out.

IMO, you had what was near enough a new sofa and it should be replaced and not repaired.

pramsay13

If it is a full recover it will be as good as new and that is a great resolution. You can check what the warranty will be with the new work and speak to the manufacturer about the continuation of warranty. 

Mutton_Geoff

Definitely insist on new. Reupholstering properly will cost more than a new one as it's done on an individual rather than production line basis.

I'd be more interested in which housebuilder throws up such rubbish houses. Wait, most of them do!

Gynx

I'll refrain from name dropping until Ive had all my issues resolved lol.

Jeepers_Creepers

Hi Gynx.

"The original seller has also confirmed it would have to be assessed and repaired by them to maintain the warranty..." I think that's it in a nutshell. If you didn't go this route, then you wouldn't have a warranty, so you'd be in a much reduced position than you were before.

I'd therefore insist on this too.

Emmia

Reupholstery could also change the softness / comfort of your sofa for the worse - I'd be looking for a brand new replacement (presumably the sofa you have is still available for sale)