Is it fair to ask for compensation for costs incurred as a result of the mis-selling of a product?

DalyBread

We bought a herringbone floor online. We arranged a professional fitter to install over a weekend.
Installation started but within 2-3 hours we became aware that there were issues with fitting the product using their locking system. On further investigation it transpires that there were actually two different types of flooring with different non compatible locking system, one type must be glued the other can be glued/floating. We had opted for a floating floor. This error was not immediately obvious to spot and has taken the company 5 days to agree with us.

After discussion with the manufacturer and negotiation with the floor company, the floor company have agreed they were at fault and that they will pick up (although we must dismantle!) the existing floor and replace this with the right floor. However they have refusing any compensation costs.

We feel it is right and fair for them to cover the days labour of our fitter.

I'd love to get feedback from forum members ASAP as they have given us a short time to agree or disagree.

Thrugelmir

Did you ask your professional fitter for advice before placing the order? 

Ergates

Thrugelmir said:

Did you ask your professional fitter for advice before placing the order? 

How would that have helped?  The flooring company delivered the wrong product.

TELLIT01

I don't think it unreasonable to ask for the cost of the fitter to be covered as the wrong product was delivered.  If you don't ask, you won't get.

Thrugelmir

Ergates said:

Thrugelmir said:

Did you ask your professional fitter for advice before placing the order? 

How would that have helped?  The flooring company delivered the wrong product.

Delivered or you ordered? 

cx6

It is fair for you to be out back in the position you were ie some compensation for the fitter's costs.

It will come down to 'how long should a reasonable professional fitter take to notice and then stop chargeable work'

I would get the floor swapped, and then afterwards ask the fitter what extra the fitter will charge because of the problem. Once you have a figure, present that to the company.

If the company refuse, you have the option of the small claims court. The judge will want to see everyone being reasonable 

bris

cx6 said:

It will come down to 'how long should a reasonable professional fitter take to notice and then stop chargeable work'

Even if the fitter found the proplem in the first 2 minutes it's not his fault and he still needs paid for the wasted days work.

You can't expect hil to bill for 2 minutes.

The fitters costs are reclaimable as they are a consequential loss, getting the supplier to agree with that is another thing though.

cx6

Exactly - ask the fitter what their costs were and after you have the new flooring delivered ask the retailer to pay them.

Ergates

Thrugelmir said:

Ergates said:

Thrugelmir said:

Did you ask your professional fitter for advice before placing the order? 

How would that have helped?  The flooring company delivered the wrong product.

Delivered or you ordered? 

I didn't order anything, I'm not the OP.

Given:
"On further investigation it transpires that there were actually two different types of flooring"
and 
"the floor company have agreed they were at fault and that they will pick up (although we must dismantle!) the existing floor "
It seems pretty clear the wrong product was delivered.

jon81uk

If the wrong product was delivered why did the fitter go ahead and use it?
They should have stopped work and came back once you have the right stuff.
That way at least you wouldn't be paying installation and for it to be removed again.

MobileSaver

jon81uk said:

If the wrong product was delivered why did the fitter go ahead and use it?

Apparently it wasn't at all obvious the wrong product had been delivered as the OP says even the supplier took five days to realise what the problem was. "This error was not immediately obvious to spot and has taken the company 5 days to agree with us."