Wrong load of gravel whats my rights?

Question

my question is about a load of gravel i received from my local quarry the thing is its my second load the first load was called gravel dust which i have been using to lay my front yard it has a tarmac affect when settled the second load arrived today it looked a bit lighter in colour my girlfriend asked the driver twice and i asked him once was it the same and he said it was it was just dry and looked that colour and then he dropped the load later we had a closer look and it is tottaly different its more a brownish mix of sand and gravel rang the quarry and told us they couldn't do anything we would have to bring it back to get it replaced now were stuck with a load of gravel in our gateway thats no use and a couple of hundred euros down have we any rights in this case

Answer 1

Unfortunately once you inspected the load.." girlfriend asked the driver twice and i asked him once was it the same and he said it was it was" and accepted it, you are pretty much stuck with it now.

You should have refused the load prior to them dumping it.

Answer 2

You might go to the quarry to see what type load they could have delivered. I use a mix called "crusher run" which is a mix of gravel, gravel dust and sand. When down it can form a good solid base for several years. This is a better and more expensive mix than strict gravel dust.

You are certainly not an expert being able to recognize the exact type gravel as ordered. You had to rely upon the driver as the quarry representative. They should remove and replace if it is not what you ordered. Hopefully you have some leverage.  

Answer 3

That's a hard one, because it is your word against the driver, even if you do get them to take it back they will probably charge a handling fee of sometimes up to 30% the cost of the load, then you have the problem of loading it back on the lorry.

I hope you do get your way, otherwise you will be left with a load of gravel unfit for use, the only thing you can do if the quarry wont take it back is possibly offer it to a local builder at cost.

Answer 4

You have to be careful here. Is the difference in just the color or the actual composition? A quarries production of  any product can vary widely in color. A quarry will have a set composition for many of their products and will usually have a set of the specs available when you call them and order the product. If the 'spec' for gravel dust is nothing more than in essence waste material they have no liability here. If there is a spec and the material does not match then you have a claim here. The bad thing about making a claim stand is that it will have to be actually tested and matched to the specs to see if you have a misdelivery. Yjou might take a sample back to the quarry and see if they will agree without a battle. Hope this helps.

Answer 5

If they sent you the wrong thing, call them and tell them that they delivered the wrong thing and they can come and get it if they want it, but you aren't paying for it.  They will probably relent and bring you the right stuff the next time.  They probably won't want the bad stuff unless you push the issue, they will just let you have it or they may send one of their friends to scoop it up (sort of a happy error for them, wink, wink, nudge, nudge, say no more)  :-)

Answer 6

If you paid for it to be delivered and they delivered the wrong item..then it is thier liability to correct the mistake....If I call a steak house to bring me a steak(which we do have steak delivery in the usa) and they send me a pizza..then they will be liable to pick it up and correct the mistake..I would rush down and stop payment on the check if that is the way it was paid..if it was by credit card..your credit card company should let you dispute this and take the money back...

Answer 7

The aggregate they delivered is more than likely fit for purpose.Honestly, its not worth arguing about. You would need a machine to re-load the wagon, and even if they agreed to take it back ,they often have a policy to charge a restocking fee of 20% or more.It,s probably Crusher Run which is perfect for paths and drives.Spread it out evenly and iether wack or roll it to compact it.When it gets damp it will semi-set in place and become a good durable surface.Good luck, and don,t worry.

                                 Regards  Joe