Thread: Caravan awning

In May 2005 we purchased cash a Blue Dorema all seasons awning suitable for a seasonal site with a one year guarantee from a dealership nearby. Three months later we had to have all the steel poles replaced. In December 2006 we had to send the awning back to the dealer for the stitching to be redone in places as the stitching was right on the edge and it did not take much for it to come apart. This was done free of charge as I quoted the Sale of Goods Act.
Now 7 months down the line from the repair in February 2007, the same stitching has come apart again making it difficult to zip up the awning in the front. However more importantly just over two years from date of purchase the awning has gone from Blue to Green! We specifically chose Blue to match with the curtains etc. Our one neighbour who has the identical awning has also changed from Blue to Green a colour they specifically did not want. It is almost as if the manufacturer had a load of green canvas left over from a run which they then dyed blue which is why we have a green awning instead of a blue awning. Our other neighbour has a proper green awning and you cannot tell the difference in colour between the three awnings that is how bad it is.
Do you think I have much of a chance pursuing this through the small claims court using the following arguments;

a) Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

b) Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description

c) Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

d) For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

The dealer has already said no ways are they going to consider it therefore as I purchased from the dealer, I have to pursue any action through the dealer. I appreciate that it is up to me to prove non-conformity but I think that the awning which costs nearly £750 no longer conforms to the colour it was when purchased and neither does the workmanship stand up to conformity considering the price paid. I am not interested in getting a refund, but rather a repair free of charge or a replacement.
What are your thoughts on this one? Thanks.

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As it is an item designed to live outdoors, you would reasonably assume it (and its dyes) would be 'weatherproof'. So as far as those disclaimer terms go, they may well be unenforceable.

If it had said that they weren't liable for colour changes UNDER CERTAIN UNUSUAL CIRCUMSTANCES (like bleaching, bird lime etc) then fair enough - or if it was something being used in unusual circumstances, or in a way it wasn't designed to be used, then fair enough... but they can't use disclaimers to sanction shoddy workmanship or poor durability, if the goods are being used 'as described'.

Also, if you (or your neighbour) made it a SPECIFIC condition of sale, that the awning wasn't (and would never be) green, then it is definitely 'not as described'. If they are aware that their awnings fade to green after a few years, but failed to point this out, even when you specifically said 'no green', then it has been mis-sold.

A stern letter to the dealer / retailer setting out your concerns, including specifics of previous repairs, should hopefully force some action. After that, Trading Standards etc...