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

Blacksheep1979

It's not that the cooker isn't fit for purpose (I assume it will still technically cook stuff) but it's not conforming to contract as they didn't order one with two big dents in it. The SOG act doesn't specify a time in which you have to accept/reject goods - only what is deemed 'reasonable' and if you're having your kitchen done up I'd say 10 days is reasonable.

Play this on two fronts, both with the credit card company (they're jointly liable under s75 of the consumer credit act) and with the retailer. At the end of the day the credit card company will want the easy way out with least hassle for them and that will be a refund for you.

OlliesDad

The problem is that the retailers provide these timescales for reporting damage to protect themselves from people who receive the goods and cause the damage themselvess while moving it, and then claim the damage was always there.

In addition the retailers have timescales to report transit damage etc to the couriers to be able to make a claim.

Normally as well on the proof of delivery that is signed to accept the delivery is the words "received in good condition".

Lifeisbutadream

Blacksheep1979 wrote: »

It's not that the cooker isn't fit for purpose (I assume it will still technically cook stuff)

OP said that they couldnt get the tray in, so I would deem that as not fit for purpose...

smcaul

That looks more like drop damage to me, which would account for why no sign of it on the external packaging. I have, in the dim and distant past, delivered white goods to comet, currys etc and the items are stacked 2 or 3 high on the trucks, they often fall when being unloaded, also they are stacked 4 or 5 high in the warehouse and quite often fall. Because of the type of packaging used they can be damaged inside but externally look fine.

liam8282

digitaltoast wrote: »

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

Ahhhh, see what you mean now! I thought it would just be a couple of small dents on the sides of the cooker.

I would take the advice that others have given on here and pursue it further until you either get the cooker repaired or get some sort of refund.

tbw

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?

Not necessarily! A few years ago I had an American style fridge/freezer delivered from Empire Direct. I won't bore you with all the hassle with the delivery guys who refused to bring it into the house even though I had PAID for them to install it. They eventually left it in my garage but - fortunately- I insisted that they take the packing off and take it away on their lorry .It was a HUGE cardboard and polystyrene case all wrapped up un shrink wrapped plastic and it didn't have any sign of damage to the packing. When they got the packing off both doors had great big dents/score marks right down them - clearly caused by a forklift. The darn thing had been packed like that - they must have been mad to think a customer wouldn't notice.

BargainGalore

why not ring consumer direct and get expert advice for free

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cajef

BargainGalore wrote: »

why not ring consumer direct and get expert advice for free

If you read the OP they have already done that.

liam8282

The reason I asked about the packaging being damaged is because, you would think that the packaging is there to protect whatever is inside it, so if the packaging is damaged the thing inside would be damaged.

It seems to me that some things may be damaged in warehouses or wherever, then possibly repackaged and sent out? Or things may "fall over" and cause little damage to packaging, but big damage to whatever is inside.

The next time I get a large item delivered, I will definitely get them to unwrap it before they go, just because of what I have read in this thread.

xocbc

Another issue here is that even if the cooker does work, if it fails 6 months down the line, you might have serious problems claiming on the warranty with that amount of damage.

When i recently got a new fridge freezer I did unpack it in front of them. I paid £350 for it, and I don't care if they are parked on double-yellow lines, they can wait.