This situation was experienced by a dealer who had just sold a very high end wool carpet product, a five figure sale, to a consumer only to have it rejected when it arrived at their home. The homeowner noticed random colored flecks in the carpet when the installers were laying it out for installation. The job was stopped and the dealer tried to put the home back in some type of condition for usage, while they tried to figure out what to do. The manufacturer was contacted and told the dealer that this style does contain a blended yarn and because it was a natural yarn there will be variations in each product. We’ll get back to this in a moment.

The dealer had the carpet returned to his shop where one of his installers inspected the carpet and reburled the objectionable flecks. The flecks occurred randomly approximately every 6 to 7 feet. This is not so random if they occur with some consistency. The dealer made another trip back to install the repaired carpet. The consumer again stopped the job stating that she could see where the repairs were made on the backing and felt that she was getting damaged goods. The manufacturer is willing to stand behind the dealer on this complaint. The dealer stated he is willing to do whatever necessary to salvage the job and the customer, whose house has been torn up for three weeks during this process.

Getting back to variation in the product. Unless the label states specifically that there is a natural variation in the product, which is to bo expected, or the sample shows physical evidence of this condition being inherent in the product, it should not show up in the finished product. To state after the fact that this condition is normal without ever saying that it was, anywhere on the product labeling or visibly evident in the sample, it should not be expected. Any natural condition inherent to a carpet should be stated on the label such as shading, footprints, color variation, yarn blending colorations or freedom to change the backings, for example, should be mentioned. To come back later and say otherwise smacks of an excuse and trying to evade their responsibility and frankly it’s a bit of a story as well.

The dealer has the right to make a repair one time, which the manufacturer should pay for since they created the condition which caused the rejection of the product. If the consumer feels the product is still not first quality and has been damaged by the repair, especially in this case where they spent so much money, there is virtually no recourse. The Uniform Commercial Code allows the dealer, if given the ok by the consumer, one opportunity to make a repair. If the repair is not satisfactory the consumer has the right of refusal. Between the issue of what the manufacturer said and did and the dealers repair, I’m sure a judge would find for the consumer in this case.

Up to this point the dealer has done the right thing. The manufacturer has the obligation, with the dealer, to make this consumer whole with a new product. My suggestion is to offer to have the consumer re-select an equivalent product that did not or could not possess the same inherent characteristics the manufacturer said were normal for this product. Let them choose something you know won’t offer any surprises. Get the carpet as fast as is possible and make it a top priority, above and before any other installation, to get this product into their home. The dealer should inspect the product fully and first before it goes in, offer to have the consumer do the same at your shop and when it is installed, be there to see that it looks the way it’s supposed to. Offering to do something else nice for them would be a good thing, like giving them a small area rug, offering to bind any left over of the selected carpet into rugs or offering them a discount on a future purchase, or a good bottle of wine. All of this would be gravy but the most important thing is to make them whole as quickly as is humanly possible because that’s what they really want. Put their house back together, which will make their lives normal again. Show them how good you are doing this and they’ll be grateful. The other suggestions are a nice touch but most people only want what they want as fast as they can get it, like it should have been in the first place, to completely satisfy them.

No one expects or anticipates that they’ll have a problem with their flooring material when it arrives and gets installed. This is a massive upset in the house, home and lives of people because it is such an invasive process. Everyone wants their house to be beautiful but they dread the process that makes it happen. It’s like kitchen or bathroom remodeling, it can never be done fast enough for anyone, you included. When something goes wrong to derail the expectations of the consumer, it is very difficult indeed to make them feel good about what otherwise was supposed to be such a happy and satisfying event. Do whatever it takes to make them happy, be honest and don’t give them any excuses, no one wants to hear any excuses - neither the dealer from the manufacturer nor the consumer from the dealer.