Faulty goods

tezz_2

Bought a door canopy on the internet which was delivered yesterday. However when opened and on close inspection the canopy which is 2m by 1m is damaged. The company say this is my responsibilty as i signed for this item, surely i have not signed all my rights away by signing for delivery or for something that is in there t&c s. What can i do

Quentin

Did you sign for delivery or for the item being undamaged?

If the latter, you have a problem, but if you just signed a delivery receipt, then you have been misinformed.

Return the damaged item and request a refund (or replacement if you want another try). As this sounds as though the retailer may make this difficult, take photos of the damage, and use recorded delivery for the return.

tezz_2

Don't know, just signed and printed name, spoken with company again this morning they still say my fault as i accepted damaged goods. They told me to contact delivery people and complain, will not do that as i think that is up to them.

Quentin

You have nothing to lose by contacting carrier - if they say you agreed goods were undamaged, ask for a copy of what you signed. Then get advice and take it from there.

hollydays

Who are the company?
This makes no difference,and not helpful after the event, I know,but I always sign "unopened and unexamined".

Optimist

Name the company.

You signed for a box, I presume that was undamaged if so you could not reasonably be expected to open up the item to check it. You would have a very irate delivery driver if you tried.

Get in touch with Consumer direct

tezz_2

Thanks..LIV supplies in Hull, they have said they will contact carrier and see if they accept responsibility, doubt if they will do that, have been promised a ring back today and will ask for copy of what i signed. Have now contacted consumer direct and they say entitled to replacement/money back as i contacted supplier in a reasonable time and they cannot hide behind a delivery signature. They have also e mailed me a template letter to reject goods. Will wait for LIV to contact me later, if they do, they promised yesterday but strangely no one remembers my call then.

hollydays

http://www.livsupplies.co.uk/service.htm

This is their damaged goods policy .
Do you have the delivery note yet? Have you examined it to see if you are actually signing that it is undamaged,the t &c s seem to infer this (they may not be legal though).
If you have actually signed to say they are undamaged I am not sure where that leaves you.

ihatecaptcha

tezz wrote: »

Bought a door canopy on the internet which was delivered yesterday. However when opened and on close inspection the canopy which is 2m by 1m is damaged. The company say this is my responsibilty as i signed for this item, surely i have not signed all my rights away by signing for delivery or for something that is in there t&c s. What can i do

Was the canopy custom-made? If not, then under the Distance Selling Regulations you have the right to cancel within 5 days of delivery. Call Consumer Direct to check that it appies in your case. If yes, better use email or fax to notify them that you're cancelling, rather than relying on the post.

If you can make use of this entitlement, it would save arguing with the company about the damage. The fact that they're making an issue of your having signed suggests to me they're aware that you could simply cancel, and are hoping you don't know.

Mark_Hewitt

Seems lots of companies try this wheeze. e.g. Televisions delivered with acres of packaging and the delivery man who has another 8,000 deliveries that hour just wants you to sign and go. Unwrap it and find it's damaged and the company says "well you've signed for it!"

(Not a real case but I've read many on here like it)

hollydays

ihatecaptcha wrote: »

Was the canopy custom-made? If not, then under the Distance Selling Regulations you have the right to cancel within 5 days of delivery. Call Consumer Direct to check that it appies in your case. If yes, better use email or fax to notify them that you're cancelling, rather than relying on the post.

If you can make use of this entitlement, it would save arguing with the company about the damage. The fact that they're making an issue of your having signed suggests to me they're aware that you could simply cancel, and are hoping you don't know.

I am sure that will be for goods in good condition,so if they are disputing this,it will not help.

Have you spoken to a Manager there OP?