Surely this contravenes SOGA?

Hintza

I think with these sort of items is that they tend to be ordered wel in advance of fitting so the company is just saying pease check on arrival so that you know they are OK. They will be a tad miffed if you go back 2 monts later claiming they were damaged in transit.

Having just built a new house I know how easy it is to just sign and pray!

gt5500

Hintza wrote: »

I think with these sort of items is that they tend to be ordered wel in advance of fitting so the company is just saying pease check on arrival so that you know they are OK. They will be a tad miffed if you go back 2 monts later claiming they were damaged in transit.

Having just built a new house I know how easy it is to just sign and pray!

That nay be the case but the point of this thread was that the company is claiming it must be checked before being signed otherwise you have no comeback which does indeed contravene SOGA. I think perhaps the MSE team should add a bit about this to the SOGA page as a lot of people would probably fall for it if told that they complain after signing. The MSE team have done a brilliant job of making the DSLR and SOGA crystal clear but this is an area where some people may still fall foul of companies claiming their t&c's are law.

unholyangel

gt5500 wrote: »

That nay be the case but the point of this thread was that the company is claiming it must be checked before being signed otherwise you have no comeback which does indeed contravene SOGA. I think perhaps the MSE team should add a bit about this to the SOGA page as a lot of people would probably fall for it if told that they complain after signing. The MSE team have done a brilliant job of making the DSLR and SOGA crystal clear but this is an area where some people may still fall foul of companies claiming their t&c's are law.

DSLR? o.O

As for the rest, i'm pretty sure it is mentioned in one of the guides.......that if their T&C's attempt to remove a statutory right it is automatically an unfair contract term and not enforceable (ie that statutory rights cannot be contracted out of......which covers this case also).

gt5500

unholyangel wrote: »

DSLR? o.O

As for the rest, i'm pretty sure it is mentioned in one of the guides.......that if their T&C's attempt to remove a statutory right it is automatically an unfair contract term and not enforceable (ie that statutory rights cannot be contracted out of......which covers this case also).

Sorry, so used to typing DSLR on photography boards!!! I meant DSR (distance selling regs). I understand that the the guides may cover the subject but I feel it is something so serious as to warrant a clear and consice explanation. I am sure there are many people that will see the t&c's and think "oh well I have no comeback it says so in their t&c's" It is blatent miss-guidance by the sellers hoping that the consumer will not be clued up enough to know their rights. Martin is often seen on the TV explaining what rights you have when an item breaks I just felt it might be good if more people are made aware of what rights you have if something is delivered damaged that's all.

The_Pedant

I recall that some couriers in the past have said they wont even hand over the goods until you are going to sign for the goods. After all the goods are in their care until you accept delivery. The signature therefore is merely to confirm that you have taken delivery of the goods, not your acceptance of them.

How many couriers would be willing to wait whilst you took all the packaging apart etc & minutely inspected the goods before you'd sign?

bod1467

The_Pedant wrote: »

How many couriers would be willing to wait whilst you took all the packaging apart etc & minutely inspected the goods before you'd sign?

To be fair, that's not the consumer's problem. If the retailer has a T&C that says the consumer must check before signing then that's what the consumer can justifiably do.

Delivery guy may be narked about it, but what can he/she do?

gt5500

bod1467 wrote: »

Delivery guy may be narked about it, but what can he/she do?

That's all well and good but let's not beat around the bush here some delivery drivers (read not all) are mouth breathing knuckle draggers and more often then not due to the physical aspect of the job, massive. Now I am not easily intimidated so if a driver started getting narked off I would just ignore him, my girlfriend on the other hand might not be so comfortable with it and just sign it to get rid of him. I am willing to bet a lot of people would fall into this camp so unless the retailler has a strict agreement with the drivers that they must wait until the customer is happy to sign people are going to sign without checking properly.

Oliver14

fred7777 wrote: »

You would be right in thinking it's complete hogwash. But I wouldn't ignore it.

Looking at the terms on their website it's mostly badly written &poorly thought out but it indicates to me they would be unhelpful if you have a problem and I would cancel the order and go somewhere else.

Totally agree amy a company doesn't understand the basics of soga and the dsr.s they don't deserve your custom and what other basics don't they get.

Hintza

Going back to my post. If you sign and accept goods from courier and do not check them you can hardly go back two weeks later caiming they were damaged in transit.

We had a loo pan which when unpacked had a big crack, ortunately the builder had bought this and had it delivered so he had to sort out a replacement.

If I was a company and you tried to claim weeks later I would tell you to get lost. Too many of these thngs can be damaged by clumsy builder on site.

Common sense to check on delivery or at least within a day or so.

gt5500

Hintza wrote: »

Going back to my post. If you sign and accept goods from courier and do not check them you can hardly go back two weeks later caiming they were damaged in transit.

We had a loo pan which when unpacked had a big crack, ortunately the builder had bought this and had it delivered so he had to sort out a replacement.

If I was a company and you tried to claim weeks later I would tell you to get lost. Too many of these thngs can be damaged by clumsy builder on site.

Common sense to check on delivery or at least within a day or so.

Well yes, I see what you are saying but it should be made clear that in these circumstances the law allows 'reasonable' time to check. I would have to agree with you that a toilet or in this case a sink should be checked over within a couple of days, the point of the thread however was to clarify whether saying that I needed to check them at the point of delivery was infact misleading.
I think we all agree that that part of their t&c's is incorrect, I don't think anyone could argue that standing on the doorstep with the delivery driver looming over you constitutes 'reasonable time' to check for damage.It may be common sense to check on delivery if they were delivering a toilet bowl, but if they were delivering a whole bathroom suite or a kitchen it is ludicrous to expect someone to check the entire thing fully before signing.
What I wanted to confirm and hopefully make others aware of is that the act of signing the delivery note does not waive your right to complain should you find a problem a 'reasonable' amount of time later. In addition this particular company has gone even further over the line by suggesting that if you sign as unchecked you still waive your right to complain later, this is frankly not on and as I suspected contravenes SOGA completely.