Comet refuse to repair badly warehouse-dented cooker. What next?

digitaltoast

In brief (I can flesh out more details if needed), Comet took AGES to deliver a cooker. By the time it arrived, I'd started doing the rest of the kitchen, so it sat in the protective box (obviously). When the gasman came to fit it 10 days later, we took the box off to find two massive fork-lift prong dents in either side.

Comet are refusing to repair the dents saying we should have reported the damage within 7 days. I've lodged a complaint with my credit card company (which is what Consumer Direct told me to do), but if that doesn't work out, what next?

pinkshoes

You should write to Comet Headquarters (recorded delivery) highlighting what's happened, and telling them you'd like it replacing with an un-dented one. Enclose some images of the damage, and make it clear it was like that when you unwrapped it.

*in future, check all purchases before signing for them!

digitaltoast

pinkshoes wrote: »

*in future, check all purchases before signing for them!

It's easier said than done - you've done two fat scowling delivery guys clearly in a hurry, it's peeing down with rain, the lorry's blocking the road, and the cooker is in one of those boxes with wooden strengtheners, loads of polystyrene, and all wrapped in cellophane.

liam8282

digitaltoast wrote: »

It's easier said than done - you've done two fat scowling delivery guys clearly in a hurry, it's peeing down with rain, the lorry's blocking the road, and the cooker is in one of those boxes with wooden strengtheners, loads of polystyrene, and all wrapped in cellophane.

Was the packaging not damaged then? If the dents had been caused by a fork lift as you said, wouldn't that have battered or ripped the packaging also?

If the dents are really bad and noticeable I would definitely take it further, but most cookers slot into a gap in your kitchen and you will never see the sides of the cooker anyway. I know this may not be the point as the cooker is damaged, but it will probably be a lot of hassle that you are going to have to go through to get it sorted, plus you won't be able to use the cooker and finish your kitchen in the mean time.

It may be a long shot, but you may be better taking photos etc of the damage and writing to head office asking for some sort of discount for the damage caused?

digitaltoast

liam8282 wrote: »

Was the packaging not damaged then? If the dents had been caused by a fork lift as you said, wouldn't that have battered or ripped the packaging also??

Yes, but we didn't see it until AFTER the shrink wrap was off - then the inner cardboard damage was clear

liam8282 wrote: »

If the dents are really bad and noticeable I would definitely take it further, but most cookers slot into a gap in your kitchen and you will never see the sides of the cooker anyway. I know this may not be the point as the cooker is damaged, but it will probably be a lot of hassle that you are going to have to go through to get it sorted, plus you won't be able to use the cooker and finish your kitchen in the mean time.?

liam8282 wrote: »

It may be a long shot, but you may be better taking photos etc of the damage and writing to head office asking for some sort of discount for the damage caused?

It's not purely cosmetic, on the right hand side the dent is 4" deep and the inner skin of the cooker has been caved in a little, too, meaning the tray won't fit in one of the racks. I think I've been more than reasonable, I've said I'd be happy with an engineer with a screwdriver and 2 new panels. They said "fine, that'll be £145". I'm not happy with that!

Firefox1975

This is a very unfortunate situation.

I know we all go on about the "7 Day" return rule etc. which is fine when it works in our favour.

On this occasion it hasn;t worked in the OP's favour because he didn't check the goods within 7 days of delivery!

You will find it quite difficult to argue your case I think - not because the damage isn;t apparent, because it is! but because you have breached the accepted norm of filing a complaint!

You are going to have to plead with head office -at the very least it will cost you £145 and you have a learnt a very expensive lesson.

At most - you will get a new cooker.

I wonder if they could pin point who did it exactly? by the sound sof it it could of happened anytime in anyones warehouse or delivery container after the goods were completed and initially packaged.

Meepster

Unfortunately you learn from your mistakes. You had 7 days to check the goods and reject them. For some reason you didn't do this and now it is THEIR fault they wont do anything for you?

digitaltoast

OK, fair enough. I can be petty and vindictive - I'm gonna order something big and heavy, sign for it, then say I don't like the colour a day later and ask for a full refund.
Bearing in mind I live a LONG way from their delivery depot, that's gonna be 2x200 mile round trips, two blokes and a lorry each time...
I'll then write to them and ask them how much that cost them, vs basic customer service.
Will probably take me 30 mins in all, but the smug (if childish) satisfaction will be worth it!

isplumm

Hi,

Not sure I agree with everyone else here .... should you not be able to reject under not fit for purpose .... sales of goods act .... what do consumer advice / trading standards say?

Mark

Takoda

Not much help now I'm afraid but in the past we've asked delivery men to unwrap large things like fridges, cookers and suchlike.

Partly so they could take the unwanted packaging away with them to save filling up our bin with it.

But mainly so we coukld inspect it before they drove away.

Lifeisbutadream

i can't believe that some people are saying that the OP should not have their money back!

The cooker is not fit for purpose and the Sale of Goods Act should protect you in this instance.

I would politely write to Comet, reminding them that the Sales of Goods Act 1979 means that the onus is on them to prove that the cooker was fit for purpose when sold to you - then give them 28 days to either replace or repair your cooker or refund you in full or you will take them to court.

And then take them to court if they dont comply.

I have just had a similar problem with Carphone Warehouse and am in the process of taking them to court. We didnt open a phone that was bought until over a week after (it was a birthday present) when I took it back they said I should have taken it back sooner.