Q: Earlier this year I ordered a kitchen from a local seller for my apartment in Gozo. The kitchen, excluding the top, was delivered according to the agreed specifications. The top, which was to be supplied by a third party, was to be installed at a later stage as soon as it was available. The top’s supplier called me to ask if he could pre-cut the top at his workshop rather than in my apartment and insisted that this was the best option to avoid the hiring of a lifter.
I agreed to this arrangement. Two days after, this supplier called by father unexpectedly, as he had my father’s contact details since they met when taking measurements for the kitchen’s top, informing him that he was in Gozo and asked him if he could open my apartment so that he could install the kitchen top.
After a few days, I went to my apartment to see the installed top and was very disappointed to notice that the colour was beige and not white, as agreed and signed for in the contract of sale.
When I contacted the original supplier, they admitted that it was their mistake as they had erroneously quoted the wrong colour to the top provider. I therefore requested to have the top replaced, but the supplier is refusing to do so since it has now been installed and removing it might cause damage to the kitchen furniture.
I feel this is unacceptable since the mistake was done by the trader. If any damage is caused during such replacement, I think that the trader is liable and not myself, as the seller is trying to imply.
The seller argues that I am partly liable since I was not present for the installation, but I could not be there because I was not informed beforehand with the exact date of the installation and since the top supplier turned up unexpectedly at my apartment.
The supplier is offering me two options: a discount or the possibility to change the top cupboard doors so that they match the top colour. These solutions are not acceptable for me and I would like the original sales agreement to be honoured by the supplier. I want the top replaced and if any damage is caused to the furniture during the replacement, the supplier is to change or repair the damaged furniture at no extra cost.
What are my rights in such a situation?
A: Since the top the supplier installed on your kitchen does not meet the agreed specifications in the contract of sale, legally, you are entitled to ask the trader to replace the top with one that conforms to the sales agreement at no extra cost.
If, to do this job, the supplier risks damaging the kitchen, then the supplier must also bear the costs of fixing these damages.
Hence, you have the right to insist that the top is replaced by the supplier at no extra cost. You should make such a request in writing and send the letter by registered post to the supplier.
If the latter fails to meet your requests, you may file a complaint with the Office for Consumer Affairs.