Sale of Goods Act and Made to Measure items-Refund Demand

[Ron Greenford]

Hi,
I run a blinds business and we supply made to measure blinds: that is we visit the customer, show them swatches of samples, measure the windows and if they order, we take a deposit of the total; once the blinds have been made to the sizes taken, we go back to fit them. The blinds are made solely for that customer, in the fabric and colour that they have chosen.
I have an issue with a customer who ordered 12 roller blinds and 8 roman blinds; I explained to her at the time that due to the sizes of the roman blinds that there will be joins. All the swatches have on the back of them the spec including maximum sizes without joins; these I'm sure she saw as well. The installation was booked and then cancelled by her on 2 separate occasions, due to painting/building work in her property.This meant a delay of about 5 weeks from manufacture to installing. After we installed the roman blinds, she phoned to complain that the blinds had joins and she had asked not to have any.Also, on one of them that there was too much of a gap between the fabric and wall.
I told her it had been pointed out to her at time of ordering that there would be joins and due to the size of the window recess being uneven, we had to make the blind so it didn't jam when being operated.However, she demanded that I replace it with a new one slighter wider.
The blinds work as they should, there are no issues, they are fit for purpose.But due to them sitting in boxes for 5 weeks they had become creased, and I went back and steam ironed these out.
However, a couple of days later she has sent a letter demanding a refund and threatening action. She has attached photos of the blinds prior to them being steam ironed showing them in a unflattering way.
What is my legal position, and can I charge her for cancelling the fitting dates on 2 occasions?

 

[KAC]

What do your terms and conditions say?

Did your customer see the terms and conditions before placing the order?

Did your customer sign an order before you manufactured the blinds and does the order make it clear there will be joins in the blinds?

 

[Ron Greenford]

I don't have T&C 's drawn up. She did sign an order form; at time of ordering I informed her verbally that there would be joins.The sizes of some of her windows would mean no blinds of that type could be made by any manufacturer, not just the one I used. The samples also state that there may be joins

 

[KAC]

I don't have T&C 's drawn up. She did sign an order form; at time of ordering I informed her verbally that there would be joins.The sizes of some of her windows would mean no blinds of that type could be made by any manufacturer, not just the one I used. The samples also state that there may be joins

In my personal opinion, and I am not a lawyer, I think you may have a problem. I guess this is not a small order and I think you may need to take paid for legal advice. At the same time, please get them to draw up terms and conditions for future orders. She will probably deny you ever mentioned joins

 

[MBE2017]

The OP desperately needs to get correct T&C’s drawn up, in an industry that is made to measure, I am surprised it has taken so long for a problem to arise.

Regarding the rights and wrongs of this problem, you have my sympathy but without a contract I think this could cost you in the long run. A judge might go either way, 85% of the time with the member of the public, as the professional I would have expected you to confirm everything in writing, ie a correctly worded contract. You would have no worries if you had.

 

[Ron Greenford]

MBE, Thank you for your reply.
Couple of points, isn't bespoke or made to measure items treated differently under the Act?
I measured for 20 blinds, all different measurements, she was complaining about 1 blind's size originally.How is it decided the measurements are wrong? Surely the professional who's been called in is the best one to judge what is correct size.

Would a contract have to show all the measurements for it to be pukka? could the customer nevertheless say that the size(s) were wrong after they were installed anyway?
Or do you mean correctly worded T&C's?. I'm a bit confused

 

[MBE2017]

Made to measure are exempt, but your problem is showing she was aware they were made to measure. Correct T+C’s would have in them items made to individual measurements have no cancellation rights, and also that measure blinds might differ by 1-2mm to allow for clearance etc, the contract should have shown the measured sizes.

Everything in black and white and much harder to argue out of the cost. In your position, I would be inclined to explain everything was made to measure and offer a suitable discount, or credit the lot.

It’s your business, but everything is always looked at as what is reasonable from a customers point of view in a legal side of things, and it is likely to only go further that way. Better to prepare than suffer the same problems in the future.

There wil always be disagreements and the professional can mis measure just as easily as the home owner, so a contract with measurements of the window opening and T & C’s explains a couple of my will be deducted to avoid fowling would be of huge help in settling such arguments.

Best of luck.

 

[Toby Willows]

Just ordered five bespoke blinds earlier this week. All measurements for each and every blind were on the quote together with the extras.

Roman blinds the size you are talking about (ie needing joins) must be £500 - £1,000+ each. I’d have definitely made sure everything was in writing just for my own protection. I can also see why your client is upset if the joins are obvious.

It’s a lot of money for both parties and seems to have fallen apart by lack of communication. I think you should try coming to a compromise - what that compromise is I have no idea.

 

[DavidWH]

You could argue over this in front of a judge, or write it off, but what's most important now, is to look at how this happened, and identify a solution to prevent it happening again.

If you're writing sizes on order forms, a check box to tick of there are joins.

An area for 'special notes', such as window recess not square, measured to xxx mm to enable operation.

Even if you just write as much information as possible on the order so there's no ambiguity, it will save headaches in future.

Oh and terms and conditions.

 

[Ron Greenford]

I see the benefit of writing the sizes of each blind; I've never done it as never thought it was necessary... and never had something go this far. Tobby if the blind is going to be wider than the roll of fabric then joins are inevitable and will be visible- thing is, I stated to her there WILL be joins!

Where can I get template Terms& conditions who will adapt them for my line of work ?

 

[DavidWH]

Trouble is it's your word against theirs, unless it is written down.

Don't bother with a template, spend some cash and have a solicitor draw them up, specifically for your business.

 

[Toby Willows]

I see the benefit of writing the sizes of each blind; I've never done it as never thought it was necessary... and never had something go this far. Tobby if the blind is going to be wider than the roll of fabric then joins are inevitable and will be visible- thing is, I stated to her there WILL be joins!

Where can I get template Terms& conditions who will adapt them for my line of work ?

I know you told her there would be joins but just saying isn’t good enough. Have you thought about making up a mock sample with a join so the client knows exactly what it will look like?

You don’t want a template T&C’s, you need your own.

 

[smallclaimsassistance]

Unless this was a business customer (doesn't sound like it), the Sale of Goods Act (1979) has no bearing here. The relevant statute is the Consumer Rights Act (2015).

Either way T&Cs are critical to communicating your business terms, but in the most general sense, they are only a means to an end. If you can prove you communicated all relevant information to this customer prior to inception of the contract, there is no reason why your position shouldn't be upheld.

You will need to have cast iron notes of your pre-contract conversations, and preferably witnesses to what was said.

If you need help let me know. If you do want bespoke T&Cs drafted, I can help with those also.

Dean

 

[MBE2017]

Re the joins, all such things can be covered on a contract order form.

I would recommend a statement at the end stating the client has been advised that sizes might differ by a few mm to allow for clearances, joins will be visible etc. Get the client to sign and date, all with a rider that made to measure items cannot be cancelled and no refunds available.