Advice needed on damaged item

Phi11

I had a bath delivered about 2 weeks ago and it was apparent that the pallet on which it rested had sustained a large amount of damage; infact the original pallet had fallen to pieces and a new pallet had been placed underneath to support it. The bath legs had come off on one side but these could be screwed back on. The courier driver and myself unwrapped the black plastic and thoroughly inspected the goods for signs of damage - there were none - so I signed for it and we put it in my garage.

As the plumbers are coming this week to install the bath we decided to move the bath into the house. As we were about to do this we discovered a crack on the inside of the bath and on turning the bath over found a large dent, possibly caused when the bath legs had come off. As a result we can to cancel the plumbers.

I called the company who I bought the bath from and completed their complaints form requesting a replacement.

Their reply stated that "Unfortunately due to the time that has elapsed since the bath was delivered we would be unable to offer you a free of charge replacement. As stated in the terms and conditions on our site and the pallet when delivered you have 48hrs to thoroughly check all items within your delivery, we believe that this level of damage would be clearly visible on inspection. Had we been notified within 48hrs of delivery we would have replaced the bath FOC."

Do I have a case for getting my money back or should I fork out the £350 they are asking for a replacement?

Googlewhacker

I think you will struggle as you have had the chance to check the goods with the driver at the time and then 48 hours afterwards and I am presuming you signed for it which most likely has a line stating that it was recieved in a satisfactory manner.

wealdroam

OP, you say...

Phi11 wrote: »

The courier driver and myself unwrapped the black plastic and thoroughly inspected the goods for signs of damage - there were none - so I signed for it and we put it in my garage.

So... there was no damage when the bath was put in your garage.

Several days later, you take the bath out of your garage and it is damaged.

Clearly that damage can only have occurred while the goods were in your garage, couldn't it?

Why do you think your supplier are responsible?

Phi11

It's simply the case that we didn't spot the damage. Its a thin crack in a white bath so its not easilly seen. It couldn't possibly have occurred in the garage because the dent was on the underside the bath.