Fruit tree not as described

Aylesbury_Duck

Alderbank said:

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

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.

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!)

This was one of the most interesting posts I've come across on the Consumer Rights board!  Fascinating stuff, about which I knew almost nothing.  Thanks.

Aylesbury_Duck

FlorayG said:

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?

Have you told them what remedy you want?  If not, that would be the first step.

As for your rights to any further claim, they were explained in the opening responses to your post.  If the retailer isn't prepared to offer what you want and what you're lawfully entitled to, then you have the option of small claims court.  You'll have to weigh up whether that's better than accepting what they've offered, which is an offer that could be withdrawn of course.

Alderbank

FlorayG said:

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?

A replacement tree meets the requirements of the Consumer Rights Act so as above that's all you are entitled to.

But you have a sturdy rootstock established and thriving in your garden in just the right spot.

Where do you live? Look for local gardening clubs (posh ones call themselves Horticultural Societies), especially those with orchards. 2 minutes on Google brings up dozens near where I live, ranging from the Botany department of St Andrews University to lots of Community Orchards.
You will find skilled volunteers who will be happy to graft your new Oullins scions onto your established Pixy rootstock.

I don't think you will be waiting long for fruit!

sheramber

If they do no sell 4 year old trees thye they cannot send you one.
All they can offer is a 2 year old tree that they so have or a refund of your ourchase price.

Planting  4 year old tree will be a bigger job than planting a 2 year old tree. The 4 year old tree will probably not fruit the first year as it recovers from being moved.

Advice online is not to plant a fruit tree in the same spot as a previous one due to possible replant disease

https://growgreatfruit.com/replant-fruit-tree/

Okell

Aylesbury_Duck said:

Alderbank said:

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

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.

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!)

This was one of the most interesting posts I've come across on the Consumer Rights board!  Fascinating stuff, about which I knew almost nothing.  Thanks.

Agreed.  Fascinating

Ergates

FlorayG said:

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?

If they don't have 4 year old Golden Gage trees available, then they can't send one to you.

Money_Grabber13579

I’m also interested in the outcome of this (although I won’t be doing anything as it isn’t worth the hassle in my case) as about 4 years ago, I ordered 24 agapanthus plants, 12 blue and 12 white. They flowered (mostly) for the first time last year and all bar 3 of the white ones turned out to be blue. All the blue ones also turned out to be blue.

I had specifically ordered blue and white for a specific planting scheme but given all the ones I planted are blue, I’m not going to replant at this stage. But I’d still be interested to know the outcome, as it certainly isn’t the usual scenario!

MeteredOut

Similarly, my wife bought a Clematis a couple of years ago, and chose a colour so it would contrast against the wall it was to grow up against. When it flowered, it was a completely different colour to what she was sold. She still goes on about it

It only cost few pounds, so not something that overly bothered us, but I always wondered what the technical rights we had were we to challenge the retailer.

Grumpy_chap

Money_Grabber13579 said:

I’m also interested in the outcome of this (although I won’t be doing anything as it isn’t worth the hassle in my case) as about 4 years ago, I ordered 24 agapanthus plants, 12 blue and 12 white. They flowered (mostly) for the first time last year and all bar 3 of the white ones turned out to be blue. All the blue ones also turned out to be blue.

I had specifically ordered blue and white for a specific planting scheme but given all the ones I planted are blue, I’m not going to replant at this stage. But I’d still be interested to know the outcome, as it certainly isn’t the usual scenario!

Could this be down to the soil type in your garden?
I am not an expert, but someone once mentioned to me that soils with a high lime content will case flowers to bloom blue.
No idea if that is correct.
No idea if that is only certain types of flowers.

Alderbank

Yes, only certain types.

It's true for a few varieties of hydrangea, and it's the basis of litmus paper (blue for a base) which is made from lichens.

But not for any other flowers or fruits. Limestone won't give you blue strawberries!