Q: We hired a local contractor to manufacture a kitchen and supply apertures for our new house. The kitchen was delivered and assembled a few weeks ago. Unfortunately, one cabinet was not delivered as ordered and because of this there is no place for the built-in microwave. The fridge door was delivered damaged. There are also a number of items missing such as part of the kitchen counter and a door handle. We complained about this to the supplier who confirmed the missing and damaged items and agreed to have them changed. Even though we were informed that the parts we need had arrived in Malta a couple of weeks ago, the supplier has not yet given us a date when these will be delivered to us. We still owe five per cent of the kitchen bill as we had insisted that these would only be paid once all items are delivered.

With regard to the apertures most of them were the wrong size. Due to time constraints we agreed to let the supplier fix some of these apertures instead of having them replaced. However, we still have issues with one door, which was ordered with internal and external locks but was delivered with locks on one side only. To date, the repairs on the wrong-sized apertures have not been completed and they have not been properly sealed. The bill for the apertures is also not yet settled in full.

The supplier wants to be paid in full before fixing and replacing the damaged parts. We are afraid that if he gets paid, then it will be more difficult to get the repairs and replacements done.

We are mainly concerned about the apertures as these are not properly sealed and should it rain we will end up with water seeping in. What rights do we have?

A: The trader is obliged to honour the original sales agreement. Hence, if the goods you ordered have not been delivered as originally agreed, the supplier is obliged to provide you with acceptable solutions before expecting to be paid in full. As to your concern about the apertures and the possibility of water seeping in when it rains, you should write to the supplier and inform him that if the apertures are not properly sealed as soon as possible you will hold him responsible for any damages incurred.

You may lodge a complaint with the Office for Consumer Affairs if you require assistance in dealing with the supplier.