me & b&q and some paint

[rory32]

Hi,

Bought some paint from B&Q and put it in the boot of my car, drove home (about 4 miles, all 30 mph speed limit) and opened the boot to have the joy of finding 2.5 litres of paint spread accross it.

Now when I went back to the store and told them what had happened the supervisor and manager (spoke to both) said all they could do was replace the tin of paint as once it left the store in a sealed condition it was no longer their responsibility.

Obviously I will be wroting to their Head Office regarding this as the tin of paint must have had a faulty seal and I feel they should pay to have the interior trim of my boot replaced as there is no way it can be cleaned.

Just wondered if anybody knew my legal standing on this (Sale of Goods Act that sort of thing). Any help would be appreciated.

[blacksheep1979]

I've heard of Tescos paying to get someones car valetted after milk spilt. You probably have a chance as part of the goods are the container and they were not fit for purpose, resulting in damage to other property. Find out how much it will be first and then write a letter to head office asking for that plus the cost of the paint.

[Darren]

Did they tape the lid down. All trade centres do this to stop the lid coming off if the tin falls over during transit.

[rory32]

Thanks for that. That was my feelings too with regards to part of goods being the container and were obviously faulty at the time of purchase. With regards to costs I'm going to ask them to arrange for repair (the trim is beyond valeting) and pay for the repair. If need be I'll get an estimate for going to court and no the top of the lid was not taped down or anything like that.

 

I've done a draft letter which I'm going to send to their Head Office but any comments would be appreciated.

 

Draft letter below:

 

{My Name & address}

B&Q plc

Portswood House

1 Hampshire Corporate Park

Chandlers Ford

Eastleigh

Hampshire

SO53 3YX

 

12th April 2007

Dear Sir/Madam

Re: Dulux Heritage Ochre White paint & resultant damage to property

I bought the above item on 11th April 2007. On 11th April 2007 this item cause serious damage to my property as follows:

After purchasing the said item I placed it in my car boot and drove the approximately 4 miles to my home. When opening the boot of my car to remove the can of paint it was discovered that the top of the paint can had opened completely resulting in the 2.5ltr contents of the can being spread across the interior of my car boot and completely ruining the interior trim.

I returned to the store and informed them of this incident at which point I was offered a replacement tin of paint. Obviously this was not entirely satisfactory, as the boot of my car had been ruined. After speaking to the manager I was surprised to be informed that this was company policy to only offer a replacement for the faulty goods and that once the goods have left the store they were in her view no longer the responsibility of B&Q. This is not my view nor I believe the legal view with regards to this matter.

Under the amended Sale of Goods Act 1979 all goods sold must be of satisfactory quality and as the retailer, you are liable for any damage caused by faulty goods. As this product developed a fault (e.g. the top of the tin coming off and leaking paint all over the boot of my car) only minutes after purchase, the item must have been faulty at the time of purchase. It was not of satisfactory quality. You breached the contract.

I have for your information enclosed photographs of the damage caused.

 

What I require

 

For you to arrange and pay for repair of my car boot interior trim.

If I do not receive satisfactory resolution of this matter within 10 days (you to arrange for and pay for repair of car boot interior trim) I shall issue a sheriff’s court claim for recovery of the amount it would take to repair the car boot interior trim without further notice.

Yours Faithfully

{Name}

[Darren]

Did they take the lid off to mix the colour in store?

[rory32]

No it wasn't a mix it was one of Dulux's Heritage range which comes in a metal tin.

[tonif]

I have noticed signs in our local store warning you to make sure that you keep the paint tins upright to prevent spillages. If there are warning signs then I am not sure you can claim against them. It may be worth contacting Dulux and claiming off them.

[rory32]

Understand your point but just because they put a sign up it doesn't remove their legal obligation as a retailer. I quote from the amended Sale of Goods Act 1979:

 

(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

 

(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

 

(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

 

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b) appearance and finish,

© freedom from minor defects,

(d) safety, and

(e) durability.

[powelll]

Let us know how you get on with this one - I bought a tin of paint from my local Homebase a few weeks ago; as it was heavy they just tied a plastic bag to the handle ( I assume to show that I'd paid for it ). I have a bus pass ( as don't drive ) but the bus driver wouldn't let me onto the bus in case the paint spilt - even though they had put those little metal clippy things covering the rim and lid... nice driver!

[tonif]

Understand your point but just because they put a sign up it doesn't remove their legal obligation as a retailer. I quote from the amended Sale of Goods Act 1979:

 

(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

 

(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

 

(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

 

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b) appearance and finish,

© freedom from minor defects,

(d) safety, and

(e) durability.

 

Does this apply to packaging? Would this also apply to goods in cardboard ie lawn seed which may come open in transit.

[rory32]

Don't see why not.

[tonif]

Any update on your complaint to B&Q?

[rory32]

Hi tonif,

Sorry for not updating. I got a letter back from B&Q saying basically we recommend you claim the damage off your car insurance. I've been a bit busy, so I'll sort out a quote at the weekend and file a claim on Monday.

[jampot]

Hi tonif,

Sorry for not updating. I got a letter back from B&Q saying basically we recommend you claim the damage off your car insurance. I've been a bit busy, so I'll sort out a quote at the weekend and file a claim on Monday.

 

You aren't going to claim of your car insurance, are you? You'll be hit with a higher premium at renewal time, so will end up costing you in the pocket in the end...

[rory32]

I certainly won't be claiming on my car insurance. I am well aware that I will indirectly end up paying for it by higher premiums. The claim I was refering to was the small claims action I will be filing on Monday.

[jampot]

I certainly won't be claiming on my car insurance. I am well aware that I will indirectly end up paying for it by higher premiums. The claim I was refering to was the small claims action I will be filing on Monday.

 

Nice one... your last post was slightly ambiguous. B&Q telling you to claim on your insurance, and you saying you would sort out the claim on Monday...

 

Glad you're going to see it through. Good luck!

[fuelexplorer]

Hello,

 

What happened with your action against B&Q regards spilt paint. I've just had the same issue. 5 litres of B&Q mixed paint all over my footwell. The plastic lid came off the 5 litre can, the smaller metal tin one did not!

 

B&Q said the same to me as they said to you. My problem. As B&Q mixed the paint and put the lid on, clearly it wasn't fitted correctly. No tape or clips were attached as they used to. They said the new lid was better fitting and didn't need the metal clips. I think they were referring to the new version lids being designed as tamper proof.

 

Anyone else had the same problem? Your results would be helpful!

[fuelexplorer]

How can I contact rory32 directly? Tried emailing web managers for guidance, though no response ...

[seanamarts]

It would help if you started a new thread, this one is over 4 years old.