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Damaged sofa - too late to claim?

Hi,

I am hoping that someone here will be able to explain to me what my rights are, if any, in the following situation.

I recently ordered two sofas and a chair from a high street retailer. These items were delivered on the 2 June 2009. Upon delivery they were given the once over but were never completely unwrapped given that they were to be kept in storage until we required them. (We were in the middle of decorating the house at the time of delivery.)

Upon completion of the decorating (24th August) we had the sofas and chair moved from storage into our house. When we came to unwrap one of the sofas we found that the piping on the right arm had been completely worn down to the thread, more wear than you would expect from normal use. It is as if it has been dragged along the floor on its arm. This damage could not have been done whilst in storage as the items were still fully wrapped and there was no damage to the external wrappings.

We rang the customer services department and they advised us that legally due to the time lapsed they were not obliged to do anything. However, they asked for us to send photos of the damage to them and they would look into it. If the cost of repair was reasonable they would cover it else they would give us quotes as to how much it was going to cost.

After receiving the pictures they have now informed me that the cost is too much and that they are willing to give me £50 as a goodwill gesture. However as I pointed out to them this does not fix my sofa. I inquired as to the cost of getting the material from them in order to get the repairs done myself, I believe the whole arm will need re-upholstering. The cost for the material alone is £65.

Do I have any rights in this situation? or should I just settle for the £50 and get the repair done myself?

Many thanks in advance.

Comments

  • Meepster
    Meepster Posts: 5,955 Forumite
    I'm sorry to say you have very little rights in this case. You've had the goods for 3 months, and that would certainly be a "reasonable amount of time" to inspect the goods, as per the Sale Of Goods Act.

    You'd be better off taking the goodwill gesture and remember to check everything properly next time...
    If it looks like a duck, and quacks like a duck, we have at least to consider the possibility that we have a small aquatic bird of the family anatidae on our hands

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