Comet wont help any ideas ?

MickT2112

We Bought a washing machine and 5 year warranty from COMET which was delivered at the end of October 2010 unfortunately due to a family illness we didnt unpack it till this week (March 2011) only to find it was badly damaged . We realise we should have checked when it was delivered but the packaging looked fine , now COMET basically have said Tough S**t not our problem . Anybody got any ideas to help?

zppp

MickT2112 wrote: »

We Bought a washing machine and 5 year warranty from COMET which was delivered at the end of October 2010 unfortunately due to a family illness we didnt unpack it till this week (March 2011) only to find it was badly damaged . We realise we should have checked when it was delivered but the packaging looked fine , now COMET basically have said Tough S**t not our problem . Anybody got any ideas to help?

What do you mean by badly damaged? Cosmetic damage? Damage to consumables?

MickT2112

At the moment the damage looks cosmetic ,The back of the machine is pushed inwards which has caused the sides to bulge out , the back is pushed up against the drum and the water inlet valve is bent downwards . We have not taken the transit bolts out yet so we dont know if the machine will work or not !

squeaky

MickT2112 wrote: »

At the moment the damage looks cosmetic ,The back of the machine is pushed inwards which has caused the sides to bulge out , the back is pushed up against the drum and the water inlet valve is bent downwards . We have not taken the transit bolts out yet so we dont know if the machine will work or not !

Don't!

Leave the machine exactly "as is" because there could me more damage internally than is visible from your inspection. Plus, they get to see the machine (when they finally agree to do so) in an untouched condition.

There's a Comet Representative who reads this board regularly and will post into this thread. If you can hang on until Monday (maybe Tuesday) you should see a response here.

HTH

withabix

I can understand why Comet won't help - irrespective of your reasons, you have had been in possession of the washing machine for 6 months and it physically damaged and not 'faulty'.

You cannot independently prove that the damage was caused by Comet, can you?

Your only real way forward here (unless Comet are feeling generous) is to claim on your house contents insurance under accidental damage (if you have this add-on on your insurance), otherwise I'm afraid you will have to take it on the chin.

What would YOU do if you sold something and the person buying it contacted you after 6 months claiming it was damaged and asking you for a replacement???

MickT2112

Sorry I made a mistake in the original post ,The washer was delivered on the 30th november 2010 . Yes I realise we should of checked it when it was delivered but the packaging looked OK and we had other things on our minds . I just thought a large company like COMET would of had some kind of moral conscience and been sympathetic instead of just telling us NO and thats it !

crazyguy

MickT2112 wrote: »

Sorry I made a mistake in the original post ,The washer was delivered on the 30th november 2010 . Yes I realise we should of checked it when it was delivered but the packaging looked OK and we had other things on our minds . I just thought a large company like COMET would of had some kind of moral conscience and been sympathetic instead of just telling us NO and thats it !

Mick email the director and state the sale of goods act, 1974, if they fail then also say you will seek legal action against them

PHYTHIAN

crazyguy wrote: »

Mick email the director and state the sale of goods act, 1974, if they fail then also say you will seek legal action against them

Certainly email the director but I wouldn't go down the SoGA line as I don't think you have much of a leg to stand on. Why not go down the lines of you've been a loyal customer for many years and although some items have been slightly more expensive than other places, you have used Comet because the service has always been excellent and deliveries made exactly to time etc etc blah blah blah... but this has really upset and you will never use Comet again.

I can virtually guarantee you will receive a call from either the store manager or the director's secretary offering an exchange purely as a gesture of goodwill.

vyle

MickT2112 wrote: »

Sorry I made a mistake in the original post ,The washer was delivered on the 30th november 2010 . Yes I realise we should of checked it when it was delivered but the packaging looked OK and we had other things on our minds . I just thought a large company like COMET would of had some kind of moral conscience and been sympathetic instead of just telling us NO and thats it !

That's not how they became a large company, dude. Quite the opposite.

If you've had it less than 6 months, they need to prove they didn't provide it as faulty.

Contact them, letting them know that you are claiming under SOGA. You've not touched or used the machine, so it's their job to prove that it was provided in fully working order.

It still may not be an easy ride, but you could get somewhere.

mountainofdebt

crazyguy wrote: »

Mick, The managing Directors email address of comet as follows.

[EMAIL="hugh.harvey@comet.co.uk"]hugh.harvey@comet.co.uk[/EMAIL]

And if they fail to sort it out tell them to refer to the 1974 consumer goods act / Sale of goods act , cant remember wich one !

OMG!

Is this sirmarcus' AE or his competition?

Either way another member who believes that the way to deal with an issue is to email the CEO.

OP - I totally agree with withabix. It doesn't matter whether the machine was delivered in October or November 2010 - look at it from Comets' pov. You've had nearly 4 months to inspect the machine, and whilst I can appreciate your mind might have been on other things, you didn't.

Instead of demanding that they do something, I think you'll get better results in trying to appeal to their better nature......as my mum would say you cath more bees with honey than vinegar.

shaun_from_Africa

Mick email the director and state the sale of goods act, 1974

State which part of it?
Section 34 maybe

34. Buyer’s right of examining the goods.
Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.

Or section 35.

Acceptance.

(1)The buyer is deemed to have accepted the goods [F34subject to subsection (2) below—

(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—

The term "Reasonable"! isn't defined in law, but as the OP has had the washer for 3 1/2 months, I think any judge would consider this to be a reasonable time.

Quoting the SOGA can be very helpful in some cases, but not when the written down terms don't do anything to help, and in some cases, will actually help the retailer avoid having to do anything.

Hopefully Comet will help out, but trying to force them to do so when they may not be legally liable isn't really the best way to proceed.