How long is a Reasonable Period of Time ?

Rob_180

Hi,

I Purchased several items for a new Bathroom over the internet at the end of January from 2 Different companies. I have health issues so could only give the items a basic check over when they were delivered as I am unable to lift them & all appeared OK. They then sat in my Garage, untouched for 2 months until the fitters arrived.

Both websites have terms saying damaged must be advised within a reasonable period of time, unfortunately damage was discovered to items from both companies when the fitters arrived, the first were great & had no issues replacing the goods (Plumbworld.co.uk), the second (Better Bathrooms.com have been a nightmare & are refusing to replace a cracked toilet as I did not notify them in a reasonable time period. The crack is not noticeable from above so I do not believe I could have notified the damage any quicker.

How long is a reasonable time period ? Do you think I have any recourse ? At the very least it says a lot about the companies, I would definitely recommend Plumbworld & would not Better Bathrooms.com.

mc33033

You can still potentially reject the items for replacement under the sale of goods act - the burden of proof is on the traders for the first 6 months to prove the faults are not manufacturer defects.

You even have grounds for rejecting for a refund under the same act if a replacement is no longer required. Speak with consumer direct if they refuse to sort it out.

MCGONIS

Jeez, I am sure " a reasonable time " is open to interpritation. I would ring Consumer Direct - they will probably give you some sound legal stuff and keep you right. I mean you have health problems and the item you mentioned will be boxed and heavy to remove from the box in the first place. Seems a bit petty on their part. Good luck....

OlliesDad

I think it will be difficult for you to prove that the damage was caused prior to delivery.

If the company refuse to believe you, you will have to take it to small claims court where it will be up to a judge based on the balance of probabilities. The problem you will have is that you signed for the goods as good condition (it normally says this on the delivery slip you sign), they have been in you possession for 3 months and could easily have been damaged by you (especially as both items are damaged). It is always very important to fully check parcels straight away (if you of poor health get somebody else to help).

I fully understand why companies set time limitsfor reporting damages as the couriers only give them X amount of days to claim. FedEx for example require damages to be reported by 5pm the following day and a full claim to be submitted within 14 days.

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.

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