Damaged delivery, company will not replace

Jonessie

Hi,

As you can appreciate and understand, I have to be careful for legal reason to what I say in this discussion. I will not be naming the company involved and/or suppliers.

Our bathroom was in need of a complete overhaul, so I found a reputable company on the internet who has been around for years. Because I have not got around to checking everything which has been delivered, I only checked one of the product last week, and it's damaged. Regardless to how long this was delivered to my premises, under S.14 of the Sales of Goods Act 1979 (as amended) if a product you have purchased is of unsatisfactory quality, I have a statutory right to request for either the damaged product to be repaired, (in this case, this is out of the question) replaced by another product (only if the original product is no longer available) and/or a refund.

The company is question will not budge even though they are liable under Section 14 of the Sales of Goods Act 1979 (as amended) they think they can just avoid replacing a product which cost nearly £1,000.00 and toss me to one side as though I have no right to complain. I have written a letter, and they replied within one working day, stating same. they they the damages are not that bad. Again under S.14 of the Sales of Goods Act 1979 (as amended) they are liable if the goods are of unsatisfactory quality which they are.

My next step is Trading Standards because I have given them 14 days to reply and they answered very quick... As a consumer I would imagine the law is on my side but do you think I will be successful in getting this replaced.

Jonessie

I see were you are coming from, but the Sales of Goods Act 1979 (as amended) states if you discover a fault within the first 6 months then you are entitled to one of the following. Repair, replace or refund as long as this is within the period stated within the Parlimentary Act. It does not matter when I discovered the fact it was damaged, the fact of the mater is that S.14 states, if your product is of unsatisfactory quality, which in this case it is then I am entitled to a replacement. Let's put this another way, and change sides for just a moment...? How p****d would you be if you spent nearly a £1,000.00 and where you purchased the product they told you; that you were not entitled to a replacement because you did not report this for three months...?

I don't think I need an answer because I alredy know what you're probably going to say. The Sales of Goods Act is there to protect the consumer not the retailer.

somethingcorporate

My guess is that the company are (not explicitly) suggesting that you damaged said item yourself (or someone else did) whilst in the 3 months that you have had it.

Send them a letter before action (giving 14 days to respond) and then take them to small claims.

Jonessie

It was damaged when I opened the box, I have had so many product delivered abd the fact I work full time I have only managed to check about 89% of everything. The burden of proof, is with them. I work in the public sector, I cannot state my posision but rest assured when I say it was damaged when I opened the box, it was damaged, take my word for it. I already sent a letter gave them 14 days and they replied within 24hrs. Yeah. I know they didn't mess about, straight to the point. The same old c**p plain and simple no. I am prepared to take thus to court because, how can any company deliver soled goods and charg you for them and then state they are not prepared to replace the damaged goods is draudulent.

KeithP

What do you want people to say OP?

Here's some light reading for you.

The_Pedant

As jdturk stated, the timescale between delivery and you notifying them of the damage is important.

Under the Sale of Goods act [section 35(4)], you are deemed to have accepted the goods after a 'reasonable period of time'. In many cases this may have an upper limit of only say one day to a week or so.

If you fail to notify them of any issue within that period then you are deemed to have accepted the goods. You therefore only have recourse for replacement/repair for any inherent faults that appear under the remainder of the period the SOGA covers you for.