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    • mertywerty
    • By mertywerty 8th Aug 16, 12:51 AM
    • 15Posts
    • 6Thanks
    Incorrect Vinyl Flooring fitted - shop says not their fault!
    • #1
    • 8th Aug 16, 12:51 AM
    Incorrect Vinyl Flooring fitted - shop says not their fault! 8th Aug 16 at 12:51 AM
    Hi all

    Would anyone be able to advise what I should do next with this problem please? I'm not sure what my rights are, as I have only paid 50% (with a credit card), and now the carpet shop is suggesting I pay the next 50% first before trying to resolve anything.

    Short story: Carpet shop sold me and fitted kitchen vinyl. I was not present when they did this (empty rental property). When I came back - discovered it was the wrong colour lino. Carpet shop says they ordered from the wholesaler the exact product that specified to them even though the lino fitted really is totally different (light grey vs the black one I expected).

    Long story: I chose the sample of Vinyl I wanted whilst in the shop. I then ordered a specific colour and pattern using its name (Melbourne Black) and code number via the phone to the carpet shop and paid for by credit card 50% of the total cost (this exceed the 100 for Section 75). The price included fitting.

    The shop then ordered this specific colour and pattern from their warehouse, and then they received the stock, they then fitted the vinyl for me in my absence (I gave them the key).

    When I went to check up on the fitting later that evening, I discovered that the vinyl fitted as a light grey and not black as I had ordered (the name of the vinyl is Melbourne Black).

    When I contacted the shop, they firstly kept reiterating that what I specified to them was what they had ordered from the warehouse, and that it was nothing to do with them, they proved this to me by showing me the receipt which clearly stated my order of Melbourne Black. They also said that there were always variations to be expected in every batch, so there would always be some changes in colour although I argued that black and light grey (what I got) is quite different! I also noted that the backing of the lino were by different companies, although the carpet shop advised that this is normal.

    Then when they subsequently compared my light grey cut offs of what they installed vs their sample of the Melbourne black that I based my order upon they then did acknowledge it was quite different. They said they would try to speak to the wholesaler but they iterated that could not guarantee anything, as it would take weeks for their wholesaler representative to make an appointment to come into the shop and see in person the sample differences, and even then it was up to the representative to decide what to do, they basically said it was not their fault so any recourse was to come from the wholesaler, if anything.

    I would like to ask if anyone could give any advice on what my rights are, in terms of time frames as well as I have tenants waiting to go back to the property, and e.g. put washing machines and fridges into the kitchen on top of the vinyl?

    The shop hinted that maybe the wholesaler would give me part discount or part refund, but then this would probably mean I would still need to pay the carpet company again to get the new lino ordered and fitted (if indeed they will give me a refund). The shop made it very clear that it was not their fault they were given the wrong lino. The lino delivered unfortunately did not have any identifications on the back saying it was Melbourne black.

    During this dispute since I have only paid 50% (via credit card), the carpet requested that I first pay the rest of the 50% and then try to resolve the issue afterwards, but I declined.

    I think this is going to drag on for ages, and I'm not sure what my rights are with regards to e.g.
    1) If the carpet company demand I pay the rest of the 50% I owe them, especially if the wholesaler refuses to refund.
    2) If the wholesaler refuses to refund or only do a part refund, the carpet company will probably tell me to pay the 50% I owe them and the extra costs of reordering a new correct replacement and for fitting of the new vinyl
    3) Do I have any responsibility to bear since I wasn't present at the fitting of the lino?
    4) How does Section 75 come into this if carpet company / wholesaler refuse to rectify on their cost, can I claim back for the 50% and also refuse to pay the rest of the 50% owed to them?

    I should also state that I've used this shop once before, with no issues.

    Many thanks for any advice given!
Page 2
    • Computersaysno
    • By Computersaysno 11th Oct 16, 12:14 PM
    • 928 Posts
    • 719 Thanks
    I'm amazed that they fitted it without you being there......

    Most carpet shops/fitters will NOT fit unless you are there to agree that the carpet is the right one.....and there's two possible explanations to that...

    1. I guess they got fed up with customers deliberately lying after the carpet was down....nice way to get a big reduction in price...."That's not the colour I ordered...but I'll keep it of you're offering a big discount".....

    2. Or possibly they have such poor controls they regularly fitted the wrong one...

    I know which my money is on!!!
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