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Thread: Advice - Dispute with retailer - WA Rules?

  1. #1
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    Advice - Dispute with retailer - WA Rules?

    I ordered some timber today for my shed (over the phone - and paid by CC). I specified 90x35 on the phone the supplier obviously heard 70x35, because that's what he wrote down and delivered. I thought I was getting a good deal, now I realise I was wrong...

    He now wants to charge a 20% restocking fee to change the timber over (about $120!!!). As far as I am concerned he delivered the wrong goods, so I shouldn't have to pay the fee. ALSO - I ordered over the phone, and he didn't notify me of any of these conditions.

    Anyone know what the WA rules are over something like this???
    Last edited by isuzurover; 13th July 2007 at 07:58 PM.

  2. #2
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    i'm not too sure of the rules but i know most trade companies charge a 20% restocking fee.
    i've had a similar problem where the wrong size tiles were delivered and i managed to hold my anger and chat to the guy nicely - pointing out that if the matter wasn't resolved without me paying the charge then i and others wouldn't be buying from him again but would go to his nearest competitor. they put the mistake down as theirs and all i had to pay was the difference in material cost's.
    seeing as you've had a similar problem then it would appear that this might be the rules and the only way around is to haggle your way out

  3. #3
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    if all else fails you could also threaten to take it up with the cc company - where by you phone them and tell them your predicament. they will then stop the payment being made which in turn brings a lengthy and costly ( for the retailer and your cc company) battle for the money, which i'm sure the retailer will want to avoid - and thus give in - maybe

  4. #4
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    if goods are faulty, not as described or unfit for the purpose you are entitled to a refund BUT...................
    as you placed the order over the phone it's your word against his unless you can get them to say they made the mistake.

    maybe ask if you reorder from them might waive the fee?
    too late now but maybe next time order by email/fax then pay be CC?

  5. #5
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    Thanks guys - will go down tomorrow and see if I can work something out... Not holding my breath though. I think in future I will insist on getting an order faxed to me so I can check it before I pay...

  6. #6
    RichardK is offline ChatterBox Silver Subscriber
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    They have no proof that you ordered either size other than what was written down by the phone sales person, who can quite easily get it wrong, and they should accept that. Generally in business the customer is right and if they are any sort of company will accept that their person may have made a mistake in taking the order and replace the timber and adjust the charge. I would take it up with a sales manager or manager, lets face it why would you order 70 x 35 when you wanted 90 x 35. The CC company is a good resort.
    RichardK

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  7. #7
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    Quote Originally Posted by RichardK View Post
    They have no proof that you ordered either size other than what was written down by the phone sales person, who can quite easily get it wrong, and they should accept that. Generally in business the customer is right and if they are any sort of company will accept that their person may have made a mistake in taking the order and replace the timber and adjust the charge. I would take it up with a sales manager or manager, lets face it why would you order 70 x 35 when you wanted 90 x 35. The CC company is a good resort.
    That is the way I think (and my response to them), but the guy I have dealt with (seems to be the manager), and his response was that he wrote down 70x35 so that was what I must have ordered.

    I commented that "I wondered why the price was so good" - when I rang him back to tell him the wrong stuff was delivered. At the time I thought I was getting a good price, not quoted on the wrong size. He takes that comment to mean that I should have known he was quoting me on 70x35.

  8. #8
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    is he really going to take you to court over $120?
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  9. #9
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    All sorted - thanks for the replies guys. The seller apologised and swapped the timber for the right stuff FOC.

  10. #10
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    The seller apologised and swapped the timber for the right stuff FOC.

    See, I told you that bopping him one would fix it.

    Good work.

    Curious why he did an about face though. Are you 10' tall & 30 stone or was it all done with words?

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