Carpet fitted does not match sample

[Zone2mum]

We have had a carpet fitted in several places in our house, including the hall, that is different from the sample we ordered from.

It is lighter and indeed seems to be from a different colour range (more yellow in tone than the grey we had chosen) and appears to be the same colour throughout, rather than the more forgiving slightly differentiated colour (small, pale flecks) we had chosen - important as it is in the entrance hall.

The supplier sent the sample we had ordered from together with an offcut from what was fitted to the manufacturer for analysis. The manufacturer has apparently said that the carpet that has been fitted was "within tolerance" for the range, but that the sample we ordered from was not.

We have been offered a sum of money by the manufacturer as an "allowance" on the basis that what we ordered could never be supplied by them as they don't make it. The allowance is not enough to pay for getting even just the hall recarpeted - as a fraction of the cost of buying and fitting the carpet in its entirety it is under 10%.

We aren't happy, as the carpet is too light and simply not what we ordered. Should we insist that the supplier (with whom we have the contract) supply us with a carpet in the right colour/same kind of quality, even if it is from a different manufacturer - or reject the carpet entirely and get a complete refund (and then have the hassle of having no carpet and having to choose again, get it fitted again, have the fitters chip more paintwork while fitting/removing etc) or just accept the allowance (or press for more) and the fact the carpet will be trashed?

We are not even sure that the supplier labelled the right sample, as it seems odd that a carpet sample could be given if the manufacturer doesn't make it!

Thoughts, advice v much appreciated. I just haven't got the strength for prolonged arguments with these people - but at the same time am quite annoyed that we ended up with the wrong thing.

It sounds like the supplier either mixed up the samples (so the wrong name got on the sample), or gave you a very old sample which had somehow faded into something very different. Most likely they mixed up the samples.

If I were you I would tell the suppliers that the carpet manufacturer has confirmed that the fitted carpet is NOT the same as the sample. Then ask for (a) the correct identity of the sample and (b) either a refund or replacement with the proper carpet.

I know it's more hassle to get the carpet replaced but it's either that or live with the carpet. If you keep the "wrong" carpet I doubt you could get a full refund - maybe a discount but probably not a full refund.

I thoroughly sympathise with carpet troubles, having had one fitted today that was supposed to be the same as some fitted in autumn but isn't! oh dear!
I think you'll need to take it up with your suppliers, not the manufacturer, as they were the ones you placed your order with...but I know what you mean about not having the energy to argue about it. Good luck.

It is very likely that the sample and the carpet fitted are the 'same carpet'. DH is a flooring contractor and deals with this sort of issue every day.

The problem is different dye batches, even when the same dye formulation is used every batch of flooring has differences in colour. That is why when doing large jobs he ensures that they always slightly over order on a particular dye batch to ensure consistency. They also save all off-cuts from a job in case of snagging or changes that may need doing.

It sounds like your sample was not from the same dye batch even though the formulation of that dye is exactly the same and thus caused the variation.

I think that this should have been explained to you more clearly by the supplier. I would challenge them on this as it is better to get flooring fitted from recent off-cuts so you get a true picture of colour rather than book samples that sit in a showroom or office.

Thanks - supplier didn't explain anything.

If manufacturer doesn't make what we ordered, it seems to me that we should be able to reject the carpet, get refund from supplier and then buy something else (from someone else!) that more closely resembles what we originally wanted.

As this is a sale by description (presumably) this is ok for us to do?

Problem is, the description for us was the sample - not the name of the carpet(which is what we have got - just not the same as the sample).

Just not sure how far we'll get with this argument.

(I sympathise linpins - it's a real pain - hope your situation gets resolved satisfactorily too)

i think that you should keep it really simple

You ordered a carpet based on the sample. The manufacturer has confirmed that there is no match between the sample and the carpet fitted.

Your contract is with the carpet shop you bought it from. I would reject it under the sales of good act today. State it is not as described, nor fit for purpose.

I would request a full refund and ask for them to come and remove the carpets and go elsewhere. If you are being nice, you could go and pick another carpet from them.

I would assume that the shop can claim a credit note from the manufacturer if the fault was in the sample (but that is their problem)

It's sale by sample rather than sale by description.

Same principle applies though - the product must reasonably match the sample. The manufacturer has confirmed it doesn't. So you ought to be able to give the carpet back to the supplier and get a refund in exchange.

They may prefer to give you the right carpet instead of the refund.

I can see it's going to be very difficult to identify what the right carpet is though. Have you tried looking at the websites of the other manufacturers stocked by that supplier, to see if you can find it?

Haven't yet looked for replacements but will do so. Thanks all for your advice.

This is exactly what has happened to us. After quite some weeks we are now having the carpet replaced. We have chosen another similar tone in a neutral colour and our carpet shop manager has asked for an up to date sample from the makers so that we can see exactly what we would be receiving. This came today and is nothing like the sample again! It is very yellow in tone so again not appropriate in fact if it were fitted it would be a ‘yellow’ carpet rather than the lovely mid fawn heather twist that we want. It’s an absolute minefield. We are getting three more samples from suppliers but have been told by our carpet guy that they will most likely not be what we originally wanted. This has dragged on from September to January. The agent from the supplier asked us to let the carpet stand for 6 weeks as it would change from yellow to light brown when the ‘bleach effect’ had worn off. It didn’t, it stayed exactly as yellow as it was.

The Sale of Goods Act no longer (in the main) applies to consumers. You want the Consumer Rights Act which has specific provisions about goods matching the sample provided.

I’m sure the OP has the carpet sorted by now as it was over 10 years ago !

Oh didn't realise this was an old thread! How weird.

Retailers ought to keep their samples up to date. Good manufacturers of picture frames, for example, go further, and have reps who go round and pretty much do it by force!