Marble Unique
Complaint 297941 Details

1. Early in February 2012, my Global Chairman - Dr. Diwan Rahul Nanda expressed an interest in purchasing various items from Marble Unique represented by Mr. Harry Lee. On 16 February 2012, Dr. Nanda confirmed the items that he wished to purchase pursuant to which Mr. Lee issued a contract and invoice on the same day, accompanied by an email in which he stated that “we will pay the cost to deliver the container of goods to your home.”

2. Further negotiations took place between Mr. Lee and us in relation to additional costs which were to be borne and on 18 February 2012, Mr. Harry Lee sent us an email in which you stated “because of the confusion is part my fault, I will make the price inclusive to duties and taxes”. On 20 February 2012 Harry Lee sent us a revised contract which included a clause stating “Taxes, Duties and delivery cost to home included in price”. The total price to be paid by our Dr.Nanda under the contract was USD $52,690; due in three instalments. The first two instalments of USD $17,546 and USD $18,172 were paid before delivery, with the final instalment of USD $16,972 to be paid upon delivery to the destination port.

3. After a significant delay, the consignment was eventually delivered at Felixstowe Port. Dr.Nanda paid the final balance due under the contract of USD $18,172 (including an additional USD $1200 for the ‘surround’) to release the consignment, thereby fulfilling its obligations under the contract. However the Bill of Lading indicated the consignee as The Marble Store, which (clearly) was incorrect. After further significant delay caused by this incorrect labelling, the consignment was not delivered to Dr.nanda's home address in London on the date required by and as stated in the contract. On 23 August, the shipper of the consignment – Cosco – provided Dr.Nanda with an invoice in the amount of £6,689.06 requiring to be paid for the release of the consignment from Felixstowe Port. This invoice contained fees relating to import and customs taxes, duties, and demurrage costs for the delay. Dr.Nanda was in the middle of significant building work and the consignment was part of that and any delay in receiving the consignment would result in significant other loss and/or delays in this work. As such, Dr.Nanda had no choice but to pay Cosco the invoice value (which he duly did) and on 24 August 2012 Dr.Nanda made Mr. Harry Lee aware that he required indemnification in respect of this amount.

4. On 31 August 2012, Dr. Nanda received the consignment in which many of the purchased items were damaged. On the same day, we sent him an email attaching photographs of the damaged items. After negotiation, Mr.Harry Lee initially agreed to pay our Dr.Nanda GBP £1,000 on 7 January 2013 however in his e-mail dated 9 January 2013, he changed the currency and said he will only pay USD $1,500 as compensation. Clearly, although the nominal value has increased, the change of currency means the value of the final offer decreased. Since 31 August, no payment has been made to Dr.Nanda.

It is clear from the above that the final price of USD $52,690.00 was to be inclusive of all duties, taxes or equivalent fees, and further, that the price paid was inclusive of all costs required to effect delivery to the delivery address as detailed by Dr.nanda.
Further, the invoice provided by Cosco contains, amongst other items, a significant amount of HM Customs Import Value Added Tax and HM Customs Duty; two items that are expressly covered under the contract. Marble store therefore owes Dr.Nanda the full price of the invoice of £6,689.

We are seeking a refund of £7,689 (USD 12,572) from marble store represented by Mr. Harry Lee.