Walls damaged by delivery

kat1311

I had a sofa delivered this week to my new flat. In the process of getting the sofa in the flat the delivery men have badly damaged the wall in my hall way.

The damage includes:
-A light socket which has been pushed out of place and is now loose on the wall. The paintwork around the light switch has been forced off too.
-A large (around 30cm long) scour in the wall which is quite deep into the plaster
- Two large 'scuff' marks

I'm particularly annoyed as the flat is rented and was totally redecorated when I moved in. The lettings agent is very very specific about damage in the inventory so I know I'll get charged for it.

What are my rights legally about the damage? I've complained but am yet to hear from them.

pinkshoes

They should have insurance against damage during delivery.

Wait and see what they say, and if they don't reply, write again giving them a deadline to respond by.

Was there plenty of space to manoeuvre the sofa without touching the walls?

robatwork

Did they bring the sofa straight in or have to remove some packaging first to get it through a small gap?

When I had mine delivered it wouldn't fit and they asked me to sign a disclaimer before they would unpack it and bring it through. As it was my "fault" in buying a sofa that would barely fit into my house, I accepted some minor damage - it took some paint off a door frame and radiator.

My problem now is that it's so comfy I am too busy lazing in it to touch up the paint....

Also did you point out the damage done at the time to give the delivery people a chance to examine/record it?

vikingaero

If they have trouble getting the sofa in (assuming it was tight) then you'll have trouble getting it out. Maybe wait until you move out and factor for repairs, or have it repaired when you move out?

kat1311

Thanks for the responses everyone.

To clarify the delivery men brought the sofa in as it was (in some sort of cover like a giant shower cap!) they didn't have to take any packaging off (although the feet had already been taken off for transportation and then were screwed in afterwards). The hallway is not particularly narrow I would say - my front door, where the damage has occured, is actually quite a bit wider than the door to the lounge, which hasn't had any damage. (I know because I measured the doors to check any sofa would fit before I bought it.) The delivery men I don't think realised they had caused any damage - although I did hear one of them saying to the other to mind the light switch which has been damaged.

The company rang me today and asked if I had reported the damage with 24 hours as this is apparently required by their terms and conditions. I explained that I've only just moved into the flat and so haven't actually been in very much - hence I didn't notice the damage until yesterday which is more than 24 hours since delivery. The damage isn't actually visible when the hallway light is off as the hallway is quite dark. This is how it was when the sofa was delivered. It's only when I put the light on yesterday I could clearly see the damage!

However I was never told I would need to report damage with 24 hours - either in store or by delivery team. The terms and conditions on the back of my order form don't say this either, despite the lady claiming the order form would say this. The terms and conditions do say that the customer would need to sign to say the sofa and property had been checked and were not damaged during delivery. BUT when I signed the paper given to me this was not mentioned. Instead I was led to believe I was signing to say I had received the sofa. I was definitely not told check it (or my property). In fact the sofa is a sofabed and I asked the men to check it unfolded correctly before they left, but they did not do this or allow me time to do this. They were frankly in a rush (having delivered to a top floor flat before me) and I suspect were running late. They were very keen to get in and out ASAP.

The company are refusing to take responsibility as I didn't report within the 24 hours of their alleged terms and conditions (despite these terms and conditions not being on my order). What can I do now??

kazwookie

Get some photos and email them

unholyangel

You may also want to google "unfair contract terms guidance" on OFT's website and once you load the documentation, look at the time limitation parts - they should be of interest to you since (as far as memory serves anyway) it can be unfair to put a time limitation on claims...indeed there are several sets of T&C's in one of the annexes that tried to impose time limitations and were changed by OFT as they were deemed unfair.

On my phone and a bit strapped for time so can't provide the link but it's linked often so another regular may be kind enough to find it for you and post the link.

earthstorm

Yes check these

http://www.oft.gov.uk/business-advice/unfairterms/guidance/oft/

http://www.legislation.gov.uk/uksi/1999/2083/contents/made

ThumbRemote

kat1311 wrote: »

The company are refusing to take responsibility as I didn't report within the 24 hours of their alleged terms and conditions (despite these terms and conditions not being on my order). What can I do now??

Start to put things in writing. Write to them, stating they caused the damage, and you would like them to arrange to repair it.

If they come back again with any claim of 24 hours, just point out that this isn't in the terms and conditions you agreed to so is irrelevant.