beams made incorrectly what should i do

M

MC D

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Don't know if im posting this thread in the correct place if not i'm sorry. I'm looking for some advice here, i ordered 2 oak beams for a new house that i'm currently building when the beams came the were manufactured incorrectly should have been a 45 degree pitch instead the ones i received were 35 degrees. I rang the company the following day and got through to a very helpfull fella who recognised the error with the drawings And he told me he would sort it out . They manufactured the correct beams and i got them this week and they took away the wrong ones, however they want me to pay a penalty of a quarter of the orignal contract price as they say that they are left with the beams . I have in my possession an order form from the company including a drawing showing a 45 degree angle.Just wondering what should i do? The New beams are in place and the company have been paid the original contract price.
 
There's no reason why you should have to pay for their mistake.
Leo
 
If it was their mistake, tell them "tough". Simple as that.

Considering that they seemingly recognise that they were in error, I can't believe their attitude TBH.

You have the beams and you have paid the correct price - I wouldn't even entertain them.
 
thanks for your comments but i was just wondering legally is there anything they can do. I wouldn't mind but the driver told me that the had allready sold one of the beams and they will probably sell the other one as well. Its just that they have rang me today looking for the money. I have allways paid bills on times but i feel that they want me to pay for their error.
 
mathepac said:
Was the error in their drawings or the drawings you supplied?
Click to expand...

There was no error in the drawings Mathepac the drawings i supplied showed an angle of 45 degrees they gave me a diagram of the beam that they were going to supply showing an angle of 45 degrees which i showed my engineer.However when the beams came they were made at 35 degrees
 
I'd say they are chancing their arm to see if you will give in. Tell them in no uncertain terms to get lost and I'd be prepared to bet they will leave you alone.

Ruam
 
Thanks for the advice. The way i see it is that if it wasn't their fault why would they make me the replacement beams in the 1st place. I'll write them a letter informing them that i won't be paying them,
 
Unreal!!!! Im in the business and I would tell them nicely to come on site if they want to discuss it and to brink a truck to take away the beams. State that you have found a company that will provide the same at a lesser cost. You will see very quickly that they will not want to take away the beams. You have done nothing wrong and if I was you its ide be looking for a cut in the price seeing as they made the mistake in the first place. Be tough! This is a typical example of celtic tiger dealings of the past. Give them the above option and they wont be long backing down.....
 
If there was a written contract, check it.
Otherwise I think you could argue that the goods were not as specified and you weren't obliged to accept them or pay for them - well done on the exchange of drawings, BTW.
They might be able to raise a counter argument, but you should remind them that word of mouth is prevelant in Ireland and it would be better if they took it in their strde.
 
Guys, just to remind you, this is over a year old so I'd say the issue has possibly been resolved one way or another.
 
You have all the paperwork to prove you ordered the correct product => they provided the worng one.

Send them a copy of all of this, advise them you will not pay for their mistake & if they choose to persue you, you will persue them for the cost of the delay due to them supplying the wrong one in the first place. Make sure you keep all the originals & have proof of postage. You could also send it by e-mail as then you also have proof of exactly what was sent.
 
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