We employed painters to paint our whole flat in Dulux Brilliant White only to find the finished result came out as cream. We don't live at the property so didn't see a problem until the job was finished. The painters were foreign and just did as they were asked, painted the walls. Dulux have admitted the paint is "off shade" but have no explanation and have offered vouchers for replacement paint. Three weeks down the line we're ready to let the property and not only will it be a major upheaval/delay to repaint but would cost us the best part of £1k to bring painters back in. Does anyone know what are our rights?
Dulux brilliant white - cream
- Thread starter jicms
- Start date
Who purchased the Paint in the first place ??
Then you have no redress on the Decorators or Dulux, You should have checked the colour before letting the Decorators use the paint.
Dulux sent you vouchers in good faith !!!
Dulux sent you vouchers in good faith !!!
B
blightymam
If dulux admit that it was a bad run of paint and it was supposed to be white, not cream, then I guess you can do small claims court. I should imagine that getting the vouchers would put them in good light but you can always take your chances in getting some money towards to decorators fee.
Personally thinking, it's just not worth worrying about - the property is for let and will need repainting again soon enough! What is done is done and for me it's just not worth the hassle in repainting for somewhere you're not even going to live.
Personally thinking, it's just not worth worrying about - the property is for let and will need repainting again soon enough! What is done is done and for me it's just not worth the hassle in repainting for somewhere you're not even going to live.
Its actually pretty straightforward contract law issue.
If you bought the paint from a retailer - whether that be a Dulux shop or any other retailer - your contract is with the retailer. Anything Dulux do in addition as manufacturer is up to them 9unless they were the retailer).
If the paint is substantially different from its description - the colour on the front of the packaging - then the retailer is in breach of contract and liable for any losses. This could be to repalce all of the paint, and if it was reasonably forseeable, the cost of the labour. In my opinion if it was forseeable that someone would pay a decorator then I don't see why those costs are not recoverable.
Whetehr it is worth it if the colour is only slightly off is another matter. I woudl approach the retaielr and see what they say before deciding whetehr to formally pursue it (depending on whether it is worth it).The retailer woudl then have to claim losses back fro mDulux.
I suspect Dulux would want to cover themselves from a reputational point of view though hence why they are offering something.
If you bought the paint from a retailer - whether that be a Dulux shop or any other retailer - your contract is with the retailer. Anything Dulux do in addition as manufacturer is up to them 9unless they were the retailer).
If the paint is substantially different from its description - the colour on the front of the packaging - then the retailer is in breach of contract and liable for any losses. This could be to repalce all of the paint, and if it was reasonably forseeable, the cost of the labour. In my opinion if it was forseeable that someone would pay a decorator then I don't see why those costs are not recoverable.
Whetehr it is worth it if the colour is only slightly off is another matter. I woudl approach the retaielr and see what they say before deciding whetehr to formally pursue it (depending on whether it is worth it).The retailer woudl then have to claim losses back fro mDulux.
I suspect Dulux would want to cover themselves from a reputational point of view though hence why they are offering something.
It has been established that the colour of the paint was not checked before redecoration
Purchasers problem !!
Purchasers problem !!
Refunding the labour for the first day seems reasonable. Two coats on the walls, you need to wait until day number two to see the actual finished results. Day two and onwards though?
Then again though, as you say, many people use decorators. It is just a shame that there was a lack of communication between the decorators and clients.
Regarding the potential £1k redec costs, assuming a day rate of £120, that is 8 days labour. Rolling walls, cutting in, laying dust sheets, a decorator could easily use 10L a day. You have got to really unlucky to end up with that much faulty paint...
I think that is open to debate...
You then start asking questions as to when do you actually know the paint is not right - after 1 or 2 coats or immediatley when you look at it i nthe pot?
I know that paints will sometimes look different ocne on - often darker IME.
I do accept cream looks different than white and maybe the decorators should have picked up on it.
I don't think its as black and white as you say though.
You don't always know what colour you have until it dries
Just to add the OP could argue the decorators were negligent and pursue them - bit more risky though.
Makes no difference the OP did not check the paintif he paid a professional to use the materials. Unless he said he had checked. You would expect a pro to pick up on a massive difference in paint. But I think the painter coudl argue the customer supplied materials and they did what they did - whetehr they were negligent may come down to what the judge on the day thinks (if it ever got that far).
Makes no difference the OP did not check the paintif he paid a professional to use the materials. Unless he said he had checked. You would expect a pro to pick up on a massive difference in paint. But I think the painter coudl argue the customer supplied materials and they did what they did - whetehr they were negligent may come down to what the judge on the day thinks (if it ever got that far).
B
blightymam
Don't think it's the decorators fault, or the OP who bought the paint, although either of those folk checking would've stopped it. Sounds likely that dulux knew the paint wasn't correct and I'd talk to dulux again before going to small claims. Didn't dulux have to pay out a lot of money when their oil-based paints started yellowing? They admitted their fault in that.
You meant 'as black and CREAM as you say though.'
White is White,its not an off White, Brilliant White is Whiter than White and a lot Whiter than off white , one dosent have to apply any paint onto a surface to work that one out !!!
I always ensure the Customer sees the contents of the tin of paint before I apply it, but even so one still gets the comment " its not how I expected, its darker/lighter than the Paint Chart "
Neither of us knows what the paint looked like in the tin.
Regarding white being white, I would expect BS White (00E55) to be consistent across brands but it often isn't. Brilliant white is white with a blue tinge., it varies even more. Granted, neither should look like cream, I have however used whites that did look slightly creamy but dried white.
showing the client the paint before using it, whilst prudent, isn't always practical. However, if I had been told to paint something white and it was clearly not white, I would contact the store. I once spent two and a half days applying the first coat of mid brunswick green oil based Dulux trade eggshell to a long bookcase. It was only when I sanded the first coat that I discovered yellow dots. I went back to the store, they discovered that their Dulux yellow tint was faulty. It had dried lumps. They binned the tint (at their cost), gave me another 5L. I was lucky, one more coat sufficed. Who would have been at fault if I asked for another £375 to apply an extra coat?