Browse Forums Flooring & Floor Covering 1 Oct 26, 2007 2:18 pm Hello,
The wrong carpet colour was laid in our home - but it was the colour that was ordered! We had a lot of problems with our colour schedule so i asked for a sample of everything that was chosen. We pretty much had to go and buy/aquire stuff from tiling places, etc but couldn't get a carpet sample. I even questioned the funny name of the carpet but was told it was correct. Therefore, i signed the colour schedule. Turns out now, we signed for a beige colour - we wanted dark grey carpet!! I am trying to argue the point that even though we signed for it - we didn't know what we were signing for as the colour of the carpet isn't 'brown' or grey' it was 'Rock Salt' and 'capers', etc. These aren't colours!! There is an element of trust that the colour consultant writes down the correct choices. Has anyone else had this problem where you have signed for the wrong product name and the builder won't do anything about it because you signed on the dotted line!? Our colour consultant even admits that she definately remembers us wanting the grey carpet but "unfortunately you signed for the wrong colour". THEY HAVE FINISHED THE HOUSE AFTER NINE LONG MONTHS... BUT! The carpet is the wrong colour... Re: Wrong Carpet Colour 2Oct 26, 2007 2:29 pm OH MY GOODNESS……this happens a lot!
I feel sorry for you; beige and dark grey are so far apart from each other in colour…. It must be throwing all your plans out! I don’t think you will get any results from this……you are correct…..but somehow so are they, you also had the samples, did it not have the colour and number on the back of the sample for you to double check the colour? This is a nasty mess….and I do feel for you, I would be blowing steam out my ears. However, you did sign it off, I know, not fair…..It’s a shame your final decisions were not doubled check by your consultant before you signed off! Good luck…..that’s a lot of carpet for your builder to replace, I hope it goes your way!!! Internal and External Building and Colour Consultant Online - Worldwide http://www.denovoconcepts.com Re: Wrong Carpet Colour 4Oct 26, 2007 2:37 pm Michelle did it not have the colour and number on the back of the sample for you to double check the colour? Catty We pretty much had to go and buy/aquire stuff from tiling places, etc but couldn't get a carpet sample. They didn't have a sample of the carpet. Re: Wrong Carpet Colour 5Oct 26, 2007 2:47 pm So they misrepresented the product from the start and then put that in the contract?
Sounds like its all their fault to me and they better do something about it. So if I am a car salesman and I tell you I am going to get you a grey commodore, but write up all the paper work for a harmony mica one and have you sign it... is it your fault you end up with some totally diff colour? is that what's happened here or have I misunderstood in some way? Re: Wrong Carpet Colour 7Oct 26, 2007 3:02 pm Cookiemonster Michelle did it not have the colour and number on the back of the sample for you to double check the colour? Catty We pretty much had to go and buy/aquire stuff from tiling places, etc but couldn't get a carpet sample. They didn't have a sample of the carpet. Sorry missed that, took it the wrong way. Steve’s right, who wrote down the colour??? I bet they did……….now you have something to hold them to! Go get em girl…..but I’m still doubtful you will win. Internal and External Building and Colour Consultant Online - Worldwide http://www.denovoconcepts.com Re: Wrong Carpet Colour 8Oct 26, 2007 3:06 pm Unfortunately I think what ever you signed for in the contract is what you will get. Even though you trusted them to write down the correct colour in good faith, by signing the contract you are agreeing to what is written.
I feel for you as it wasn't entirely your fault and you were trusting enough to assume the colour consultant would get it right. A note to everyone.. check, check and re-check everything yourself. Re: Wrong Carpet Colour 9Oct 26, 2007 3:14 pm I tend to disagree on that one.
A contract of sale - which is every transaction, is bound by certain statutory rights which cant be contractually revoked. You have to get what a salesman says a product provides. Re: Wrong Carpet Colour 10Oct 26, 2007 3:40 pm you must be very dissapointed now, but i hope that the result will at least give some relieves for you. lots of luck for you...
As has been stressed many times before, we need to check and double check before signing. and have things written down. I am in the middle of looking at the quote details myself, and i am alway suprised myself that i have left out so many details. I PROMISE MYSELF TO ASK THE BUILDER TO DETAILS THE CONTRACT. ozn Re: Wrong Carpet Colour 11Oct 26, 2007 4:04 pm Our carpets when we selected them had names as well as munber and they asked us to check the name and number they had written matched what the stickers on the back of the carpet sample peice said, but they only wrote thoses down - not what colour (eg dark grey/beige/pink/red) the carpet was so hop we don't have the same problem.
I would be so mad Building again . . with Redink Pre-start 04/12 Keys - 03/13 Finishing off. . . Painting/Floor Tiles/Carpet - 04/13 Walk In Robe/Lighting/Blinds and Moving 05/13 Gates/Front Landscaping / Pool 05/13 Re: Wrong Carpet Colour 12Oct 26, 2007 9:05 pm Hi catty, I feel for you, this is a terrible situation! I haven't had experience in this area, however this is what I would do if I were in your shoes:
Find out if the builder has an official dispute resolution policy and start action on it whilst still communicating with your current contact - tell them thats what you are doing as you are keen to get the issue resolved asap. I would suggest contacting Consumer Affairs as they may be able to indicate what/ if anything you can do about this - You asked for a particular product and didn't get what you thought you were paying for! Colour names & samples are an issue here and the fact they had a colour consultant working for them should be in your favour as it places some of the responsibility back on them, particularly if the consultant admits to the request for grey!!....though you may have to find a way to "prove" that you wanted a dark colour and not just changed your mind after it was laid....did you document it anywhere else? send them any emails or correspondance with your colour requests in it?? And at the very least, I would be trying to negotiate with the builder a partial refund of some sort - perhaps a compromise but you should ask for something! Good luck with it, keep us informed! Cheers P.s can you mention who your built with? Ruth -Bought house in Melbourne inner burbs, knocked it down & now...we are owner builders! Completed OB project and moved in to our new home with our new baby in May 2009! Re: Wrong Carpet Colour 13Oct 26, 2007 9:10 pm rerob1 P.s can you mention who your built with? Oh, its ok I saw on another of your posts, its the big M! Ruth -Bought house in Melbourne inner burbs, knocked it down & now...we are owner builders! Completed OB project and moved in to our new home with our new baby in May 2009! Re: Wrong Carpet Colour 14Oct 26, 2007 9:35 pm If the carpet is made with wool face yarn, or nylon (but NOT solution dyed nylon) you can have the carpets dyed. I believe a beige carpet can be dyed grey.
Find out the type of face yarn (pile) and I should be able to source a contractor in your area to provide this service. Of course, do your best to have the builders supply the carpet of your liking, but failing that, dying is probably an option. Ash. Re: Wrong Carpet Colour 15Oct 27, 2007 8:23 am I took the digital camera to the tour and appointment and took photos of samples with names so I could have it in my mind what we had chosen later on.
I agree, some of the names they make up are rediculous - it's not like they have that great of a range that they need to start using obscure names! I hope it works in your favour. Ray. Second Time 'Round Re: Wrong Carpet Colour 16Oct 30, 2007 12:22 pm Sorry i haven't replied for a while - haven't had a chance to get on!
I was told "Too bad, so sad" you signed the contract. But then i argued that it is a trust issue, etc. The colour selection manager is 'looking into it'. She told me that my chances are slim. Will keep you updated! THEY HAVE FINISHED THE HOUSE AFTER NINE LONG MONTHS... BUT! The carpet is the wrong colour... Re: Wrong Carpet Colour 17Oct 30, 2007 2:54 pm i feel bad for you Catty ... would be interested to see how it turns out for you.
we had a situation with a colour turning out wrong (read: bloody awful) on the front render but it was nobody fault but our own!! Looking forward to hearing how it went. Re: Wrong Carpet Colour 18Nov 14, 2007 3:57 pm Hi Catty,
Havent been on this forum for a while..been trying to sort out our house issues...should have moved in by now BUT sadly we are not!!!! How did you go with the carpet issue??Well, we have a issue with the carpet too and we are waiting for answer...everything else is done so this is the only outstanding matter awaiting resolution... We upgraded our carpet to a thicker pile a few months back..all paper work, revised order and variation payment was done...and what do you know?? the wrong carpet was laid coz they followed the original order...so now the builder and carpet company is deciding who is at fault and take responsibility coz the builder has evidence of the fax receipt but the carpet company said they never received the revised order... So we are in the middle waiting for a reply!!!!! Re: Wrong Carpet Colour 20Nov 15, 2007 5:15 pm Quote: so now the builder and carpet company is deciding who is at fault and take responsibility coz the builder has evidence of the fax receipt but the carpet company said they never received the revised order... In a corporate law course I did the words were - once an order is sent by the sender - be it post or fax, it is deemed to have been received. But as the guy said - try to avoid court cases because no-one wins. Good luck - I thinkit is just going to take a bit of time to get sorted until the carpet man goes - damn welcome to learning that colours vary in different lighting conditions. 1 3059 there is only 20% difference in concrete strength between 20 mpa and 25 mpa, so check with your engineer first if it fits his calculation tolerances. There are ways to… 6 18653 i imagine you also have another contract with an architect? and yeah, whatever other's said about special conditions and appendices 16 16698 |