Surely this contravenes SOGA?

Hintza

I think perhaps the company has not phrased it very well but it would certainly be of great help to the buyer if they can show damage on delivery before it becomes an issue.

I aslo know that when you have a lot of this stuff arriving at the same time you don't want to unpack it unnecessarily before fitting because the chance of it being damaged will rise hugely.

I just feel on balance that the company is taking a sensible approach but as I said before possibly they have not conveyed that as well as they could.

mrschaucer

No, the company is most definitely NOT taking a sensible approach and should be censured. They are actively preventing the customer from signing for the RECEIPT of the goods. Their policy purports to demand that on signing, you have already minutely inspected the goods for damage with no comeback if inherent damage is found later. What a con.

unholyangel

The good thing about statutory rights though is that no terms and conditions can override them and if they do try to limit or remove statutory rights, they are usually automatically an unfair contract term (covered by the act of the same name) and not only unenforceable, but illegal

Usually (especially with big items) I'll take a picture of it still wrapped up - regardless what the courier gets me to sign. IMO even signing such a note only states there is no obvious visual damage.

I had a delivery not too long ago that required such a signature.And on the face of it, the item looked undamaged. It was only after cleaning it and going to plug it in I discovered the plug had been damaged in transit. Contacted the retailer who didn't even refer to the delivery signature, they accepted responsibility for it without question. Of course it may have helped that I mailed them within hours of receiving the item.

clsmac

I might be shooting myself in the foot here, but I think some of us are forgetting the basics of contract law.



In the past cases I have had, the signature you put on the hand held device from a deliver driver isn’t worth much, in order for you to except any of the delivery company’s T&C they need to supply them to you or give you the information where you can read them before signing the contract. We also need to remember the contract has been signed off their business premises (cooling off period).


The best thing is when someone else signs for your package, this is because the retailer seems to forget you are the only one who has excepted their T&C no one else in your household.



What I like to do is when the delivery drive arrives late I open the door take the package and ask him to wait so I can go online a read the T&C before I sign the hand held device, I know very petty but funny, they always leave.