The "contract" was to design and supply - fact. Even if the design is free it is still part of the contract as the consideration could be regarded as the payment for the items.
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20 years ago
The "contract" was to design and supply - fact. Even if the design is free it is still part of the contract as the consideration could be regarded as the payment for the items.
I feel, if you told Wicked what you wanted to achieve, they told you, and sowed you an image of what it will look like, then if they then don't supply the bits you need to achieve this, they are 100% at fault, and should rectify any shortfall. - the fact the image doesn't have any measurements of parts means you have to presume they are correct (If the original dimensions are correct)
Does it state anywhere the dimensions of the room on the bits of paper they gave you?
I suggest you give you local trading standards a call, and get some advice from them, that's what they are there for after all!
You can find their number by entering you post code on
When we bought a kitchen from Wickes I worked out absolutely everything we needed before going to the store. This even included lengths of plinth, cornice and pelmet. I then made sure the material list from the Wickes salesman matched my list before signing. In fact the only difference was that their software decided I needed more cornice and pelmet than I actually did.
My material list from Wickes definitely showed the length of the worktops. I am surprised yours didn't. Mine stated:
321007 Worktop Andora Gloss 38mm x 600mm x 3MIn my opinion if you signed the material list and this is what was delivered then you don't really have any comeback.
On paper you've got what you asked for.
Bill
If this same software package has produced drawings and materials list which are obviously conflicting - is that what you're saying? - then surely to goodness you must have a very strong case against Wickes. Even if, as others have suggested, you were asked to approve the list, IMHO it would be perfectly reasonable to assume the software has done the job right. If you have black-and-white, hard copy evidence in your hands that they have used buggy software to produce the incorrect list, then I should take it to your local Trading Standards Officer and see what s(he) has to say about it.
David
Would this still be true if the T&Cs for the purchase
*specifically excluded* design services?
About the same rights as a credit card I think. Just tell them you are going to cancel the order, that may get them to reconsider.
The most likely (and sensible) solution under the circumstances is for you to pay for the extra material - as you would have had to pay for this if they had got the order right - but for Wickes to deliver it free of charge as this material would have been delivered along with th remainder of the kitchen of their software had done its job correctly.
If you push the right buttons, I can't see Wickes refusing to meet you halfway in this manner.
Also...although IANAL, I believe that a small claims court would see it this way as well.
RM
Sure that should be (s)he, but never mind! :-)
Probably yes because you cannot have an unfair or misleading contract.
PGOTU and the FBGDB said this is not the case. MMKPR too.
message
I am. Feck off!
;o)
Si
Nope....I'm not going to rise to this....I'll leave it to someone else.
RM
I have not taken delivery yet - Not for another week!!
I have a printed order whichy DOES NOT give the lengths of each worktop on the list and a dimensioned layout drawing that DOES show all worktops, I thus could not possibly have checked it in the shop before signing.
So you have a dimentional layout with all the dimentions of the various lengths of worktops, but the total length exceeds what thay have orderd for you?
Just want to be clear on what you have, and what you don't here!
Sparks...
I doubt that this would be considered an "unfair term" by a court, but then I could be wrong. I still think the person buying "made-to-measure" products has a responsibility to make sure they are correct when ordering, unless it is a *complete* service i.e. design/supply/installation.
This is reflected in the reduced rights of return on made-to-measure goods sold by distance-selling methods.
FWIW, I suspect Wickes will happily deliver the extra item at cost and without charging for delivery if the OP asks them nicely.
Al
Just to play devil's advocate for a moment, you could have checked it - it would have involved asking one of the staff what length the worktops are. When I ordered my kitchen earlier in the year I made sure that I had the full details of every item I was ordering.
If you haven't recieved the goods yet, why don't you either: (a) ring up and add the missing worktop to the list, or (b) cancel the order.
Al
But presumably, you could have the design done, then not buy the items.
We had an excellent service from their Stockton store,very good. So good that they even sent us extra units and a solid beech worktop worth £300!! The only problem we had was that the manufacturer supplied frosted glass doors instead of the clear ones that were on display and that we wanted. The salesman sorted this out for us even when the manufacturer said they could not supply. In the end we got clear doors but Wickes offered to take the doors and have them reglazed for us at their cost.
Andy
"Gavin Gillespie" wrote
Indeed, on the one I watched, they dragged out 3 pitiful complaints about MFI for about 10 minutes, of which the only one of any substance was a kitchen cabinet falling off the wall (which could have caused injury if you'd been under it)
And we're paying for this 'quality TV' ????
Cheers,
Paul.
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