Bespoke kitchen not meeting specifications

CumbersomeZucchini

What did you buy?
We purchased a bespoke kitchen from a company, which we feel is not what we ordered both in terms of the product specifications and the quality.

When did you buy it?
The purchase process has taken about 6 months. Full payment has been made but at the moment the kitchen has only been partially installed by the companies fitters

Where from? 
We initially visited the companies showroom and then ordered by email after receiving a quotation.

How did you pay? 
A 50/50 split of cash and credit card.

What went wrong?
A key feature of the kitchen we believe we ordered was that the worktops should run completely into the window recess effectively removing the need for a window ledge. We gave the company a plan of the space along with the height of the window ledge via email at the start of the purchase process (about 6 months ago). We also discussed with them how the worktops should work numerous occasions. Part way through install (last week) we noticed the cabinets being fitted were about 80mm too low. and raised this with the company who initially said they never agreed to a 'non standard' height cabinets before eventually saying the designer missed the height but they could never have supplied what we wanted.

Additionally a number of the cabinets have damage including splits in the timber, holes where fitters have used too long screws or have drilled in the wrong places, minor dents, and chips to the paint. Their terms and conditions do state there may be minor scuffs and dents in some units caused by transport and fitting and these will be made good but I feel some of what we have is beyond a minor scuff or dent and should be replaced.

What are the vendors telling you?
Their current stance on the worktop height is that they could not have supplied what they deem 'non-standard' height cabinets, when they agreed to the worktop flowing into the window recess they did not know the window height, and that the contract we signed gave specifications of cabinets, including height. 

Our position on this is that we can prove they knew about the window height at the time they agreed to the worktops as we have an email chain from the very start of the sales process, they made no mention of not being able to provide this until part way through the installation and the height in the contract is for the cabinet only, not the finished worktop height which we assume differs from the final cabinet height due to plinths, adjustment in the legs and other such things.

In terms of damaged units they have said they will repair, not replace units by clamping and gluing splits and filling holes with caulk and painting.

They have informed us we can reject the kitchen and they will uninstall the partially fitted kitchen but will only refund the cabinet costs, not the installation fees, delivery costs, worktops etc (which is a significant portion of the costs)

They have also said they will not complete the installation unless we agree to their version of events as they risk additional costs should we reject the final fitted kitchen. Effectively they seem to be asking us to forgo our right to final rejection before they will do any further work.

What solution or remedy are you looking for? 
Ideally we want them to supply the kitchen we believe we ordered, at the right height and without any damaged units but it seems they cannot/won't do this.

Alternatively as we do not want to start the purchase process again with another company, we'd like the units that have damage that is more than just a bump or scuff to be replaced, the others repaired and the kitchen completed with an appropriate reduction in price to reflect the fact the kitchen is not what we ordered and has been repaired rather than being the perfect show piece kitchen we were expecting. We feel as this is an expensive bespoke kitchen not a budget 'off the shelf' item and the quality should reflect that.

If they cannot do that we'd like them to collect the kitchen and issue a full refund of all monies paid.

We've reached a stalemate with them now, they are refusing to do any further work unless we agree to a number of conditions so any advice would be much appreciate even if the advice is just someone who is detached from the situation confirming we are being unreasonable.

Tucosalamanca

Window sill height would typically be around 1100mm, whereas kitchen worktops tend to be 900mm.

Raising worktop height to 1100mm would be highly unusual, as it would render the worktops unusable for many users, unless particularly tall (I'm 6ft and worktops at 1100mm would be uncomfortable to use).

What are the measurements?

DullGreyGuy

Do you have the plans and renders of the kitchen? 

You say your 80mm out on height... what height is the windowsill? What do the plans you signed off say about the height of cabinets? Are you particularly tall people? Most windows would be too high for this to work and worktops remain comfortable to use. 

CumbersomeZucchini

Tucosalamanca said:

Window sill height would typically be around 1100mm, whereas kitchen worktops tend to be 900mm.

Raising worktop height to 1100mm would be highly unusual, as it would render the worktops unusable for many users, unless particularly tall (I'm 6ft and worktops at 1100mm would be uncomfortable to use).

What are the measurements?

The window height is 980mm, it is lower than standard. We know it would involve cabinets slightly higher than normal but that was part of the reason for using a bespoke company rather than the normal kitchen retailers. I work at a standing desk all day every day that is 970mm and it works very well.

I don't think ergonomics really come into it though. We ordered something, they accepted that order, took payment and only decided to tell us they couldn't do it after the installation had started. If they had let us know earlier, we would have gone with a different company or even modified the kitchen design.

CumbersomeZucchini

DullGreyGuy said:

Do you have the plans and renders of the kitchen? 

You say your 80mm out on height... what height is the windowsill? What do the plans you signed off say about the height of cabinets? Are you particularly tall people? Most windows would be too high for this to work and worktops remain comfortable to use. 

In terms of window height, it's 980mm (well was before the flooring was fitted) so it's below what you might call standard.

The rendered plans of the kitchen do not show the worktop running into the window recess. We questioned this at the time and were told it was because their software couldn't render it. The worktop plan however does show the worktop running into the window recess. 

Worktops at different levels are quite common now, even within the same kitchen and at 980mm it does not seem unreasonably high. Even if it were unreasonably high I believe they should have made us aware of this before we got to the point of fitting by simply saying 'sorry we can't do that'

Okell

If they're saying "We can't do what was specified", what remedy are you looking for?

Do you want them to rip it all out and make good the kitchen and give you a full refund, or are you willing to accept the discrepancies for a price reduction?

(Of course they're in breach of contract if they are now unable to provide what was agreed.  Are you happy you can prove what was agreed?   eg "The rendered plans of the kitchen do not show the worktop running into the window recess. We questioned this at the time and were told it was because their software couldn't render it."  Do you perhaps have an exchange of emails where you raised this and they said "Don't worry.  Our software can't show it but we will do it".   Obviously anything like this backs up your argument, but if the plans didn't show it and you can't show that you queried it at the time it becomes more difficult)

born_again

What is the worktop made of & the depth of the window sill? Given most worktops are a std depth, it might not have been possible without impacting the depth of the units.

Raising units should not be a issue, Finding a plinth to match might be.

Is the damage in area's that is seen & not say the carcus of the units that is not seen?