Damaged goods but not discovered for several months

MSM78

Fosterdog wrote: »

Not peculiar logic at all, if the OP isn't the only person in the house then anything could have happened to it in three months. Of course anything can happen if you leave the room for 30 seconds when it has just been delivered but it would still be within a reasonable time to inspect it. Three months to inspect an item containing glass when all the other furniture as part of the same order has already been opened and inspected is unreasonable in my opinion. If it goes far enough it is only the judges opinion that will matter but.

It's not almost certain it was damaged during delivery, you don't know that OP doesn't have ten kids and six dogs running around the house all day causing similar damage. It is just as likely that OP lives alone and the mirror genuinely hasn't been touched since delivery but we don't know that.

As for the grinding, trust me, I broke a mirror during my house move and despite it being well packed the first I knew it was damaged was hearing the edges of the shards rather loudly grinding together while it was being carried, the glass was glued into place otherwise they would have all fallen out instead of grinding and then you would have the sound of loose broken glass pieces jingling against each other. A broken mirror can make a noise, and quite a loud noise at that.

I accepted a sealed box, with no apparent damage carried in by two men which was placed against the wall in my dining room where it has remained. It is sizeable.

All other parts of the order were opened that day as they were needed immediately. Double bed, bed side drawers, chest of drawers and sideboard. The mirror was not going to be hanged in good time so it was left sealed, should have checked it but didn't get around to it.

I say it has not been damaged in my house.

I cannot prove I didn't break it anymore than the company who sold me it could prove it was delivered free from damage. I would have thought on the balance of probabilities it was more likely to have been broken on its long journey from China or wherever it was made to my front door, rather than having been left boxed in all its original packaging in an unused room.

There is no broken glass inside, it has a crack running from corner to corner. No noises whatsoever. I photographed it and re-sealed it.

The company are saying I had 7 days to check my order as that is their policy but it has been mentioned on here that there is possibly a 6 month period which could be sighted as reasonable under the SOGA from the point of purchase to discovery in which to make a claim for damage?

Notwithstanding the fact the item is a mirror, in principal, is this the case?

CoolHotCold

Yes the SoGA does state it is down to the retailer to prove it was self-inflicted, but you'll have a very very hard time getting them to see it your way.

You'll probably have to take it up to small claims and even then the companies excuse of "We delivered it in July it is now October and the damage we have seen is of damage by transportation and as the customer did not report this damage when they received the item we conclude that the item has been damaged by the customer when being transported after delivery was completed".
That's all they have to say and the Judge would probably agree with them (as would I) even if you argued you didn't open it till October if I was the judge I would look on the basis of probability and go "You've said you opened every other package from the retailer the same day and not this one, it is now 4 months down the line and I agree with the retailer that the damage is transportation inflicted and you are pulling my leg in saying you didn't open it, You have a duty of care of the items in your property and even if you didn't open it, you should of to asses the care required to store and keep the item safe"


Sorry, but I believe you have a rather hopeless fight ahead if you do decide to fight it.

shaun_from_Africa

There is one option that you could try, and although it's still far from guaranteed that you will get any money from the company concerned, it might help.

Why not see how much it would cost to get the mirror reglazed (if that's the correct term for it) and then contacting the company again and ask if they would consider paying some or all of it.
This might work out far cheaper then getting the whole thing replaced, and as you will be showing that you are willing to make an effort to keep the cost as low as possible, they may possibly agree.

MSM78

Thanks to all,

Decided can't be bothered with the hassle, life's too short. Will look into getting it repaired, hopefully won't be too much.

paddyrg

Getting a mirror reglazed is inexpensive, plenty of independent places dotted around :-)

Best bit is you may also get to choose if you want to fancy it up a bit, for instance faux-old silvering.