On Thu, 4 Aug 2005 10:35:21 +0100, "Christian McArdle"
wrote:

The chances are very much that it *is* their fault but you may find in
the small print somewhere that they waive responsibility if *you* do
the measurements?

IANAL, advice is worth what was paid for it.

I think there is such a thing as valuable free advice Christian .. re
the majority of such seen on this ng ;-)

You'd have a substantial chance of getting such a clause struck off, as it
is of sufficient unreasonableness IMO, to have required being brought to the
OP's attention.

Indeed, but not impossible from a 'shed'? The place that made the
windows to my mates dimensions *did* make it very clear that if they
did not do the measuring they couldn't be held responsible for the fit
(but would g'tee to make the frames to his dims of course). In the
OP's case his measurements were correct and they made a mistake. I
guess their first response to a non-fit could well be 'well you must
of measured it wrong, so not our problem' (no so in this case but I
guess this must happen all the time).

They have contracted to do the design work.

We took some dimensions into a Magnet store once, they 'designed' a
kitchen for us (PC prog) and printed a copy for us to take away (all
free). Had I bought and attempted to install a kitchen based on their
design and it not fit, would they be responsible (genuine question)?

The design work (provided it can
be proved that measurements were correct) is demonstrably unsound. Clear
breach of contract.

A follow up from the op mentioned that MFI admit to having copies of
the orig (correct) dimensions so if they still surrender this info to
(say) TS if requested then they will (may .. see disclaimers etc) have
shot themselves in the foot. But what if such paperwork gets 'lost'
when requested (in spite of the store admitting on the phone to having
made the 'mistake')?

Maybe MFI (will formally) admit they are in the wrong and know it's
down to them to resolve but are just being 'akward / slow' about it?
(If I bury my head in the sand it might go away sort of thing) ?

FWIWIANAL either ;-)

All the best ..

T i m