Faulty Radiator delivered

sjenk

Hi all,

I have had a good read through the consumer rights pages so think I will be ok, but if anyone has any advice or similar experience I would be grateful.

I ordered a radiator last week online from a company call bucks heating (they had the size I needed whereas b&q, wickes etc didnt) it was delivered to my home two days later. I was at work so my dad had come round to wait for it. It came and my dad said to the tnt chap "shall i check it over" to which the tnt guy said well I'm not waiting, so my dad signed for it. Its flippin heavy so has been in my hallway til today.

Today we came to start to fit it so took the packaging off to discover there is a bend on one end of the radiator, as i said this thing is seriously heavy so must have been faulty in the first place. I called bucks heating to explain, 3 hours later they called to say tnt have said we signed for it as delivered in good condition. I said hang on I know my rights without going into details. He said he will ask his manager and get back to me tomorrow.

What is the best action for me next? have a few consumer rights laws ready incase they refuse? should I expect to have to pay for its return? is it a good idea to take pictures of the bend? its not massive at all but is noticeable once the packaging is off.

Thanks for any help you lot can give.

Buzby

Your rights require you to note damage and advise the carrier and supplier (usually within 72 hours). On accepting any delivery, it needs to be qualified with 'unchecked' next to the signature. Your argument that there was no visible external damage, which would exonerate the carrier, but what if the item was damaged BEFORE shipment to you?

In this case, you would need to advise them promptly - if you waited to unpack then they can justifiably refuse to accept a late claim. DSR does not help in this regard, as the onus remains with the consumer to check the goods are satisfactory.

shaun_from_Africa

I'm sorry Buzby, but the majority of what you posted is totally wrong.

Your rights require you to note damage and advise the carrier and supplier (usually within 72 hours). On accepting any delivery, it needs to be qualified with 'unchecked' next to the signature. Your argument that there was no visible external damage, which would exonerate the carrier,

A consumer is under no obligation to examine any shipment before accepting the delivery, and any attempt by a retailer to enfore this is illegal under the Unfair terms in consumer contracts regulations.
The OFT specifically address this point and they state that the following is an unfair term.

Terms requiring that the goods are accepted as satisfactory on delivery, or imposing unreasonable conditions on their return.
Consumers have a right to a reasonable opportunity to examine goods and reject them if faulty. In the case of complex goods, a reasonable opportunity to examine means a chance to try the goods out.
Consumers cannot legally be deprived of this right by being required to sign 'satisfaction' notes on delivery,

http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311.pdf

DSR does not help in this regard, as the onus remains with the consumer to check the goods are satisfactory.

Why don't the DSR's help?
Provided that the contract of sale is for goods that are covered under the regulations, the DSR's give a consumer an unconditional right to a full refund if the retailer is notified within the 7 working day period.

The SOGA also states that a consumer must be given a reasonable time to inspect goods after delivery to ensure that they conform to contract. If they do not, acceptance is not deemed to have taken place and the retailer is obliged to refund in full and cover the costs incurred in collecting them.

somethingcorporate

Shaun is 100% right here (as usual).

Sjenk, the law is on your side!

sjenk

Ok so the heating company asked for some pictures to be sent, once recieved they have emailed back saying they completely agree that the radiator is bent but have said that as the item was signed for the courier had rejected their claim.

Their offer is that if we are able to return the radiator to them they will provide a replacement. As I mentioned before this thing is really heavy and I can see a courier costing a fair bit and I'm certainly not driving it back. Also I dont see this as my problem, is that fair?

I have replied saying I am not satisfied with their solution and think they should be covering the cost of the courier as well as the replacement. Haven't gone into details on sale of goods act etc but have said that I think the oft would support my claim.

Are they responsible for the collection of the item, the quotes that shaun gave seem to suggest that (thanks by the way). Should I be standing my ground on this?

Thanks again.