Damaged Goods

abenno

I was hoping someone would know my rights as to receiving damaged goods. The delivery was a washing machine which was unpacked outside my home and brought into the kitchen. I gave it a once over and signed for it as undamaged. Unfortunately the next day I noticed an impact damage area on it. I feel stupid that I didn't see it at the time, but I felt rushed and just signed the boxes. The detergent drawer now is hard to open and close.

I have complained today and got this initial response:
[FONT=&quot]Please accept our apologise you have had cause to contact us. This carrier company is contracted to unpack and inspect the appliance with you. The proof of delivery that you would have signed clearly states 'must be unpacked and inspected before signing any errors or damage cannot be accepted after signing'[/FONT]

[FONT=&quot]Therefore we can not accept liability in the event the proof of delivery has been signed as no damage the appliance. We have requested a copy of the proof of delivery from the carrier company.[/FONT]

[FONT=&quot]I understand that you have advised my colleague that you know your rights and will email in accordingly. We await your email.[/FONT]


I am waiting for a reply to my email containing photos of the damage and mentioning the [FONT=&quot]The Sale of Goods Act 1979 .[/FONT]


Any advise welcomed!

bod1467

IMHO it's always risky to mention the SOGA on any initial communication - UNLESS YOU KNOW 100% what rights the SOGA confers. The fact you made this thread suggests you DON'T know 100% what these rights are.

That said, I believe you still have a case - the fact that you signed for there being no damage just means you didn't see any damage at the time of inspection, it doesn't mean the damage wasn't there.

Hopefully someone with more knowledge of these matters will chip in with their advice.

somethingcorporate

You can send it back under Distance Selling Regulations (for money back) or seek a replacement / refund / repair under SOGA.

Depending on which you would rather then we can advise accordingly.

Signing the paper means nothing by the way - name the company as they seem a bunch of shysters.

visidigi

....have you used the machine?

bris

somethingcorporate wrote: »

You can send it back under Distance Selling Regulations (for money back) or seek a replacement / refund / repair under SOGA.

It's not clear from the OP's post that it was bought from a distance.
I can see the retailer digging their heels in here as it was inspected in front of the delivery guy's.
It's not clear here if the OP has a case or not, this is a quote from the relevent part.
The bold part's are the cause for concern as the good's were personaly inspected and signed for as such.

The goods have arrived damaged
As you might expect, the supplier is under obligation to ensure the goods are well protected while they are in transit. The supplier must also make sure the delivery company/courier are aware that the goods are fragile or if they are to be kept or carried in a certain way. If they do not, they will be liable for any damage occurred in transit.
It is common for traders to sidestep liability by saying that you signed for them. A delivery note (as the name suggests) indicates merely that the product has been delivered and not that they have been accepted. If there is a problem with the goods, you may still reject them, particularly if you haven’t previously had a chance to examine them in person. With some items you will be asked to inspect the goods there and then and sign a form to say that they have arrived in satisfactory condition. The law states that you should have reasonable opportunity to examine the goods for yourself, so you could argue that ‘there and then’ is not reasonable and opt not to sign the form. You should however look at the supplier’s Ts and Cs to see whether they have imposed any time limit on reporting faults – although in line with the law, this should be reasonable.
It should be pointed out that if you did have the chance to examine the goods while they still in the shop, and you spot something wrong when it arrives that you should have spotted when you examined it, you may not be able to reject it. Although in reality, most shops will show some good will if you simply want to exchange it for another one.

somethingcorporate

Fair point on the DSR bit, assumed it was bought over the net.

In regards to the acceptance part whilst they may have seen it/inspected it with the delivery staff they haven't seen it working which is evidently required before it can be accepted. Hence the bit of paper is meaningless.

abenno

Signing the paper means nothing by the way - name the company as they seem a bunch of shysters.
>>I'll give them a chance to come good first before I go naming and shaming. This all happened today.

....have you used the machine?
>>No , I haven't put any water through it yet, so it sits in the middle of the kitchen getting in the way!


It's not clear from the OP's post that it was bought from a distance.
>> it was bought over the internet and not physically seen before it arrived.

The supplier must also make sure the delivery company/courier are aware that the goods are fragile or if they are to be kept or carried in a certain way. If they do not, they will be liable for any damage occurred in transit.
>>what I don't get is that all the packaging is removed outside before they carry it through doors and up a staircase. Surely that's when a lot of damage could occur.

You should however look at the supplier’s Ts and Cs to see whether they have imposed any time limit on reporting faults – although in line with the law, this should be reasonable.
>> This is taken from their T&C's:

Time Limit for Notification of Claim : Goods must be inspected on delivery. If your goods arrive in a damaged condition, you must inform the company within 48 hours.

This I have done within 48 hrs.

Thanks again for all your knowledge.

somethingcorporate

If it were me I would send it back under Distance Selling Regulations for the least hassle and buy it elsewhere.

They seem to be trying to wriggle it out judging from your opening post which indicates they could be difficult down the line.

Would this suffice or would you like to get it repaired / replaced?

abenno

I would like to get it fixed if possible - hopefully the retailer can organise this for me. Still no reply today from them. If I get it picked up under the Distance Selling Regulations, would I have to pay for the courier?

abenno

I'm learning the ins and outs of the DSR's

The Distance Selling Regulations 2000 are designed to protect customers who are not physically present with the seller at the time of purchase. They cover purchases made via email and the internet, together with telephone and mail order.
They only apply to transactions between businesses and consumers (individuals acting outside the course of their business) and do not include business-to-business contracts and auctions.


Consumers have a cooling-off period of seven working days in which to cancel the contract, starting from when the goods are received, without having to give a reason. If no details of the cooling-off period have been given by the supplier to the consumer, it is extended to three months.

Would this still apply to me though if the item is damaged? Couldn't they just argue that I can't returned a defective product that was originally inspected by me as being in good working order?

wealdroam

abenno wrote: »

If I get it picked up under the Distance Selling Regulations, would I have to pay for the courier?

Almost certainly.

On page 27 of the OFT's Guide to the DSRs it says...

Who pays for returning the goods if the consumer cancels
an order?
3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.
3.56 If you did not include these details in the required written information then you cannot charge anything.