Fruit tree not as described

ThumbRemote

Thinking practically, do you have any way of proving the tree in your garden is the one they supplied? They might be difficult to deal with. 

lincroft1710

And if they do not have a 4 year old Golden Gage?

FlorayG

ThumbRemote said:

Thinking practically, do you have any way of proving the tree in your garden is the one they supplied? They might be difficult to deal with. 

It still has the original label on

HillStreetBlues

FlorayG said:

I'm not sure...really I want to replace this tree with a four year old Golden Gage. I specifically wanted that variety. Would this be a reasonable thing to ask for? I've still got the problem of removing the one they sold me

You do have rights, but it might be down to how much you want to pursue them.

FlorayG

HillStreetBlues said:

FlorayG said:

I'm not sure...really I want to replace this tree with a four year old Golden Gage. I specifically wanted that variety. Would this be a reasonable thing to ask for? I've still got the problem of removing the one they sold me

You do have rights, but it might be down to how much you want to pursue them.

well what are they? It's not like I've had the 'use'of this tree for the last two years, it's only now producing anything and a 4yo tree costs a lot more than a 2yo one. I'm asking if somebody can tell me my actual rights before I call the company that supplied the tree

born_again

FlorayG said:

HillStreetBlues said:

FlorayG said:

I'm not sure...really I want to replace this tree with a four year old Golden Gage. I specifically wanted that variety. Would this be a reasonable thing to ask for? I've still got the problem of removing the one they sold me

You do have rights, but it might be down to how much you want to pursue them.

well what are they? It's not like I've had the 'use'of this tree for the last two years, it's only now producing anything and a 4yo tree costs a lot more than a 2yo one. I'm asking if somebody can tell me my actual rights before I call the company that supplied the tree

They can ask you to provide a expert report after 6 months.
Although Goods "Not as Described" is a unusual scenario after 2 years.

What does the label exactly say?
Given the number of "Gage" varieties?

FlorayG

born_again said:

FlorayG said:

well what are they? It's not like I've had the 'use'of this tree for the last two years, it's only now producing anything and a 4yo tree costs a lot more than a 2yo one. I'm asking if somebody can tell me my actual rights before I call the company that supplied the tree

They can ask you to provide a expert report after 6 months.
Although Goods "Not as Described" is a unusual scenario after 2 years.

What does the label exactly say?
Given the number of "Gage" varieties?

Its says 'Ouillins Golden Gage' and ALL types of gage are yellow

PHK

Not all, most are green with flecks of yellow. 

But red/purple is not right 

Alderbank

FlorayG said:

powerful_Rogue said:

FlorayG said:

But I don't have space for another tree nor do I want to wait another two years for any fruit 

So what remedy are you looking for?

I'm not sure...really I want to replace this tree with a four year old Golden Gage. I specifically wanted that variety. Would this be a reasonable thing to ask for? I've still got the problem of removing the one they sold me

Assuming you are a hobbyist gardener (it's not part of your job) your consumer rights were explained in the first posts and @HillStreetBlues outlined your rights under general contract law.

But many gardeners would be appalled at the idea of digging up a perfectly healthy young fruit tree.

For the benefit of readers without green fingers, every fruit tree is actually two trees. The bit in the ground is called the rootstock. This is a species such as a crabapple which grows strong roots but doesn't give great fruit. The part with the branches, leaves and fruit is the scion of the variety you want. It was grafted onto the rootstock. If you look carefully you can see the join. This process guarantees stability and plenty of water and nutrients to give a good crop of fruit.

Your rootstock is probably Pixy, which gives a sturdy, compact tree which you can pick fruit from without a ladder. You, or a nurseryman, can remove the graft you have and do a saddle graft of Oullins Golden Gage. That would fruit prolifically in no time on your well-established rootstock.
You could even add more scions to your tree to have several varieties from the same tree, a good idea for anyone such as yourself who doesn't have much space.

As suggested earlier, why not ask the trader what they will do?
Reliability is important for anyone who sells bulbs, seeds or plants because they know their clients have to be able to trust them.
I would have thought they will be only too pleased to send you buds or scions of the variety you expected. If you are not confident of your grafting skills I would press them to pay for a local nurseryman to do the graft for you.

Finally, although breeders do their best to get all new trees to grow true to type, all fruits are hybrids and you occasionally get throwbacks. Your unexpected plant is not necessarily the result of a mix-up (it might be a unique and valuable one-off!)

FlorayG

I called them, they asked for photos. I emailed photos and all they can offer is a replacement 2yo tree next winter. I'm not really happy with this  because it means another three years before fruit but I don't suppose I have any further claim?