Damaged goods in delivery

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Becky

New Member
Oct 14, 2011
3
0
0
Hi there,

I ordered some new cupboard doors from a company online who told me that if there was any sign of damage to the packaging on delivery then I must sign for them as damaged.

We were given no notice of a delivery date or time and were out when the goods arrived. Unfortunately the courier left them with a neighbour (who we don't know and who lives 7 doors from us) and one of the doors is significantly damaged. We hadn't given any alternative delivery address or instructions and initially the company agreed the courier should have first attempted to redeliver the items to us.

However they now say that as the goods weren't signed for as damaged then the manufacturer is unwilling to replace the door and we have to pay for a new one. Surely they have to deliver them to us for that to apply??!

We appear to be at a stalemate....I'm confident I am entitled to a refund or replacement but don't know how best to proceed. Any advice would be appreciated. Thanks.

Becky
 
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trickygj

Moderator
May 31, 2010
400
1
18
Cheshire
www.richardgjohnson.co.uk
Becky

It matters not what they said because the packaging could have looked ok but the doors still damaged.

When goods are delivered, you have the right to examine them carefully and to make sure that they are satisfactory (whilst the delivery man waits and if he refuses get him to sign that he would not wait for you to inspect). You should complain straight away to the trader if you find a fault or if you think they don't match the description you were given when you bought them.

If you find something wrong after the delivery firm has gone, you can still complain to the trader. This applies even if you have signed a delivery note. When you sign a delivery note, you are only acknowledging receipt of the goods. It does not take away your right to complain if you find out later there is something wrong with the goods, although you should do this as soon as possible.

Many traders try to relieve themselves of this obligation by stating the delivery note was signed and no damage reported. Sometimes they state you should inspect the goods on delivery and sign that they are ok however it is not always reasonable to unpack everything etc at the time of delivery. The law states you have a reasonable time to inspect the goods (but the sooner the better) and so you can refuse to sign a note under these circumstances.

You should take note of any of the supplier’s T&C's to see whether they have imposed any time limit on reporting faults although in line with the law, this should be reasonable.

So go back and quote the Sales of Goods Act 1979 and let them know that you know your rights and that they should replace the goods asap.

let us know how you go on :)
 
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Becky

New Member
Oct 14, 2011
3
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Thanks for such a quick reply. I have just checked and they state within 4 days, which we did. I am waiting to hear back from my last email to them but will do as you suggest if necessary and let you know!
 
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Becky

New Member
Oct 14, 2011
3
0
0
After a couple more emails (I outlined the points in your reply) they have agreed to replace the door for no charge! Thank you! :D
 
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