Builder providers refusing refund

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OhPinchy

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I bought some bricks from Heiton Buckley builder providers and need to return them but they are saying I am not allowed return them as they were ‘special order’.

The builder provider’s brick supplier is CMB. I got a CMB rep to come out and look at the bricks on the existing house to see what ones would be the best colour match for the extension to the side. I’m a little colour blind myself. He recommended a particular brick and so I ordered a bale of 500 of these bricks from the builder provider (cannot order direct from CMB). The builder provider does not stock the particular brick and so had to order them from CMB (which I’m sure is standard practice). They did not inform me that I would not be entitled to a refund due to them being special order.

The bricks arrived and were far from a good colour match, so I bought some Ibstock bricks elsewhere as they had a perfect colour match.

I went into Heiton Buckley two weeks after the delivery arrived to say I wanted to return the bricks as the colour was way off. I also said they needed to collect two concrete lintels as they had delivered the wrong ones and I had to buy alternatives in order to get the job done. The guy said no problem, they would collect them within the week and ring me when the reached the warehouse to arrange the refund.

A few weeks went by and the bricks and lintels were not collected so I rang them back. After being given the run around a different guy eventually got back to me to tell me that the bricks could not be returned as they were special order. The lintels could be returned no problem though. I told him I ordered them based on the advice of the CMB rep and he said unless I could get the name of the rep so that they could put the blame and cost of returning on him, I could not get a refund. A few weeks have gone by and I haven’t been able to find the name of the rep though probably could do with a bit of digging. I also would prefer not to land the guy in it after giving what he thought was good advice for free.

What are my rights here? I know a lot of builder providers charge a 15% refund restocking fee and am prepared to pay this for the bricks (not the lintels), but they tell me I’m not able to return them either way. Do I need to get the CMB rep’s name or are they obliged to collect the bricks and grant a refund? I was not charged delivery and should not be charged for the collection as they have to collect the lintels they wrongly delivered anyways.

Appreciate any legal insight on what my rights are here.
 
Under the Sale of Goods and Supply of Services Act, 1980, it would appear that you are not entitled to a refund. Only if they were faulty, not fit for the purpose intended or not as described - as Heiton Buckley didn't confirm the colour of the bricks in your existing building (CMB Rep) did, they are not to blame. You placed an order for a certain colour and qty of bricks which they duly delivered.

IMO, your only option is to try and contact the Rep and get him to sort it out. Explain that saught his professional opinion as to what the colour of the existing bricks were and placed your order with HB based on the accuracy of the information provided by him.
 
This might be stretching things a bit - but if the CMB Rep were acting as an agent on behalf of Heiton Buckley in giving advice regarding the type of brick, then that advice would form part of the description as provided by Heiton Buckley and thus you would be entitled to a refund as the product would not match the description.

So the question is, how did you make contact with the CMB Rep?

(i.e. was it Heiton Buckley who asked you to contact the CMB Rep?)
 
The procedure you followed, i.e. ordering your bricks via a builder's merchant is standard practice as brick manufacturer's will not sell direct, no matter how big the quantity. As suggested by Lorz your best bet is to track down the rep. from Country Manor Bricks, explain the situation and ask them to dig you out, given that you acted on his advice, indeed I would invite him to view the bricks delivered. By any chance did he give you a sample of the brick before you ordered (which could be compared against the bricks delivered)? The quantity of bricks ordered is small beer to HB or CMB and CMB should be able to organise a credit note for you and arrange for their return at no cost to you. Failing all that you may have to suffer the loss (about €450?), but you may be able to find a buyer through Buy and Sell. Could you use them in landscaping/ paving of your garden? For what it's worth Ibstock do a great brick.
 
Under the Sale of Goods Act-

Goods sold or rented must:

be fit for the purpose intended- you want ot build a wall- fit for purpose.
as described- when ordering from a catelalogue- which they prob were
of merchantable quality-No defect in bricks
conform to sample- your only chance really. If you had seen a comparable sample of the bricks and the subsequent delivery were materially different you would be entitled to a full cash refund.

In this case the addage "Cavet Empor" or let the buyer beware would seem to fit. Apart from a difference in the colour there is nothing materially wrong with the materials. I know it seems a tad unfair but legally you have no remedy.
 
Again if the Rep is an Agent of HB, then they are not fit for purpose / matching description.

So if that can be established (and it is possible depending on what HB said to the OP), he has a case.
 
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