Hi,
I have bought an assignment of granite tiles from a company, quite of lot of these are badly damaged and unusable. I have advised the company, but they have told me that their terms and conditions state that I must notify them in 48 hours of any damage. They also say that a large red sticker is placed on the pallet stating "goods must be checked on receipt! in the unlikely event of breakages, these must be noted on the delivery note before signing". No red sticker was present. They also quote " It has a paragraph on the delivery note to inform the following: “The words unexamined or unchecked will not be accepted as a conditional signature received in good order and condition” and due to this we are unable to make a claim for you. The delivery note was signed UNCHECKED.
They are refusing to replace these broken tiles as it is three weeks since I received them. I was unable to secure a tiler until now, hence the delay in inspecting them.
What are my rights for a replacement, if any, do their terms and conditions apply and are they legal?
Thanks
Trish
I have bought an assignment of granite tiles from a company, quite of lot of these are badly damaged and unusable. I have advised the company, but they have told me that their terms and conditions state that I must notify them in 48 hours of any damage. They also say that a large red sticker is placed on the pallet stating "goods must be checked on receipt! in the unlikely event of breakages, these must be noted on the delivery note before signing". No red sticker was present. They also quote " It has a paragraph on the delivery note to inform the following: “The words unexamined or unchecked will not be accepted as a conditional signature received in good order and condition” and due to this we are unable to make a claim for you. The delivery note was signed UNCHECKED.
They are refusing to replace these broken tiles as it is three weeks since I received them. I was unable to secure a tiler until now, hence the delay in inspecting them.
What are my rights for a replacement, if any, do their terms and conditions apply and are they legal?
Thanks
Trish