work unpaid for left on site, can they charge you

the_lunatic_is_in_my_head

The damage is an issue for you OP, if the goods don’t conform at the time of delivery the customer may reject them.

IIRC the EU guidance says the regs aren’t intended for the consumer to reject over minor issues, if the damage was sufficient for the customer to reject they are entitled to do so (they would only have to return (at your cost) if they’ve agreed, otherwise you should collect).

I fully understand you don’t want the fence back but unless the damage is minor the customer may be able to put forward a sufficient defence.

The install is a service which would have different cancellation rights (as it would not be exempt due to being to specification) but if the customer had a right to reject the fence I’d imagine that breach wouldn’t tie them to the install aspect as it’s (presumably) one contract for everything and without the fence the install obviously can’t occur.

Did you get any photos of the damage?

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81941278#Comment_81941278

OP has to be careful not to mislead the customer about their rights, to my mind if the fence is damaged it doesn’t really matter why the customer doesn’t want to go ahead if they have the right to reject.

Worth a note, all contract types require the trader to provide a reminder that they are required to provide goods which conform to the contract.

willywonka1

Hi,

As we were there dropping the fence off, (it was in three sections) the customer was going out, I said when we fit, there are a few small items on the gate we have in the workshop, and will easy replace. weather that week and after was so bad. Then customer (I always take a deposit, but did not this time) mail me and said there was to much pressure having a fence, and I could take it away. God the work, time, sweat, money, wood and so much I put unto this job. (No VAT)

So they ordered a custom fence, drawn out by them, we built, delivered, said the weathers to bad, and when we come back will replaced the small items. Then a few weeks they said they did not want the fence. (Sure the Government states the customer has to give time or right for the seller to fix the items ? )

Can they charge me rent for an item that was custom built and delivered?

Regards

Grumpy_chap

Can you put some timescales to the thread?

How long is "a few weeks"?

In the OP, you mentioned "3 months later".

The weather might have been too bad to do the job on the day of delivery, but how many weeks / months did it then take you to return to actually complete the installation of the fence?

Why did you arrive with the fence when the customer was going out? Was this not pre-arranged?

This thread has evolved from a "bang to rights for the trader" opening post and now the perception that the fence was delivered, did not conform to contract, has not been installed and has not been removed from site. With that view as a possibility, no wonder the customer is giving up on the whole job.

eskbanker

(Sure the Government states the customer has to give time or right for the seller to fix the items ? )

As a trader, it would certainly be worth you familiarising yourself with both your and your customers' rights and obligations under the various components of consumer rights legislation…

Okell

https://forums.moneysavingexpert.com/discussion/comment/81942065#Comment_81942065

Rather than wittering on can you answer the questions you were asked?

eg earlier you said three areas broke on the way up. Now you are saying it was built in three sections?

[Edit: I'm aware English might not be your first language but presumably that shouldn't prevent you from presenting your case clearly and logically. A different language doesn't alter the facts]

pinkshoes

https://forums.moneysavingexpert.com/discussion/comment/81942065#Comment_81942065

If this goes to court you will need to be MUCH clearer than this.

How long between dropping the fence off did you propose fitting it?

These "small items" that needed replacing - were they things that were just in your workshop or did they need re-making?

e.g. was it a case of fence delivered on X date, the you told the customer you'd be back 2 days later to fit it due to the bad weather?

Why did they then contact you a few WEEKS later to say they didn't want it? Why was it not fitted by now?

You will win or lose this case depending on your actions. If you tried to fit it days after delivery when the weather was better (and spare bits needed were available), and the customer refused to let you fit it, then you have a strong case as the customer cannot just change their mind on a custom designed fence.

If you were unable to fit it because you didn't have all the parts and have left it for weeks, then they likely have a case as it was not fit for purpose.

Can you please be clearer on EXACTLY what happened with dates and timings.

I suggest you get someone to help you prepare any court papers so that the above is clear.

pinkshoes

https://forums.moneysavingexpert.com/discussion/comment/81941407#Comment_81941407

That's true, but it is not clear whether the OP was able to return immediately when the weather was better with the correct parts to fit the fence, or whether this dragged on for weeks.

As with other orders posted on here, small corrections are permitted in a timely manner e.g. you cannot reject an order for one small thing that is easily fixable. (e.g. wrong feet fitted to a sofa).

Hopefully the OP will be able to make the details clearer.

willywonka1

Hi everyone and thank you.

I said three areas broke on the way up, and never stated the fence was in the parts. But yes its in three parts that bolt together.

It was 5 days when the weather broke. They were items I had in my workshop, that were carved for other work that comes in, and bolt on with decorative bolts.

When I asked if they would be be on so and so day to fit the three items, they then said they did not want the fence, i said I can fix the three parts on, they did not want that, they wanted me to take the fence away.

(((Pink wrote, If you tried to fit it days after delivery when the weather was better (and spare bits needed were available), and the customer refused to let you fit it, then you have a strong case as the customer cannot just change their mind on a custom designed fence.)))

Yes Pink it was like that.

Did I answer most questions.

So could the customer charge me rent for a fence that was ordered, built, delivered, but not fitted, as customer wanted it away.

Regards.

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81942213#Comment_81942213

Did we ever hear the outcome of that one?

I feel sorry for OP, no doubt a lot of hard work and then the customer wants to walk away.

I think the issue is if the customer can articulate themselves well OP is going to come up short.