Missed Damage on Delivery

lizbeth1

Hi guys,

I'm a new forum user. I ordered a bathroom online from Tesco Bathrooms and had it delivered at the end of February, several weeks before the builders came on site. To be fair to Tesco, they're very insistent that you need to check the delivery within the first three days for faults and I did. Unfortunately, when the builders arrived last week and started getting ready to install the bathroom, they found a large chip on the cistern that I'd missed.

I'm kicking myself, because it's my fault - I thought I'd checked thoroughly and found a couple of minor scratches that didn't worry me, but missed this one completely and the packaging was fine. I'm reasonably sure that the damage wasn't caused by the builders (although it's hard to be 100% certain) - they hadn't moved the box from the room where it was originally delivered and I've been impressed how conscientious they've been.

Tesco tell me that I have to pay for the replacement, which is no surprise. I know there's not much hope, but I thought it was worth asking - has anyone had any luck contesting something like this? Is the three day condition normal: I'd have thought there must be quite a lot of faults that don't show up until the builders start to plumb something in? I'm furious with myself for missing the damage and I understood the terms and conditions, so I know I'm on weak ground, but wanted to ask at least because it's an expensive mistake!

Cheers, Liz

phill99

Problem is, you have had it for 3 weeks or more and anything could have happened to it in the time you have had it stored. Tescos have to have a cut off point after which they are not responsible for the damage.

3 Days is a fair time for the items to be thoroughly checked.

You could try and appeal to their better nature, but I would suggest that you may struggle on this.

lizbeth1

Thanks for getting back so quickly. Yes - I thought that might be the case. Darn it! It's my own fault: just so difficult to check heavy pottery items when you're on your own. Ah well - lesson learned for the future!

Cheers.

derrick

A companies T&Cs cannot take away statutory rights.

You are allowed a "reasonable" time to inspect, and this quote from SoGA, Section 35 subsection 2, implies that products bought in advance of use may well have an extended time to inspect;- "[FONT=Verdana, Arial, Helvetica]A particular problem is that of goods bought a considerable period in advance of use, for example advance Christmas presents. It is not clear what effect a delayed inspection would have on the question of acceptance."

I do remember reading somewhere that this type of "not inspecting until fitting" is covered under the "reasonable" time limit, but can't find it at the moment, as it is only about 3 weeks ago, I do think you should push Tesco for a replacement.

You could give Consumer Direct a call on 0808 1561036 and ask their advice.
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1984ReturnsForReal_2

How do you know the builders didnt damage it & they are pulling a fast one????....