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Faulty made to measure product and DSR

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Comments

  • knack92 wrote: »
    I have now received an email saying they have inspected the doors and agree with my findings.

    Make sure that you keep a copy of this e-mail.
    As it states that they agree that there is damage to the doors, they are admitting that they don't conform to contract and if it ever came to legal action, this e-mail is about all that you should need to show that you had the legal right of rejection.
  • knack92
    knack92 Posts: 465 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Make sure that you keep a copy of this e-mail.
    As it states that they agree that there is damage to the doors, they are admitting that they don't conform to contract and if it ever came to legal action, this e-mail is about all that you should need to show that you had the legal right of rejection.

    Have saved a copy.

    May have hit a barrier though; I'm now wondering if when signing for delivery I have also signed that I have inspected the goods and that I accept them. (Don't ask why I didn't read exactly what I was signing.) If this is the case am I up the creek without a paddle?
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    knack92 wrote: »
    May have hit a barrier though; I'm now wondering if when signing for delivery I have also signed that I have inspected the goods and that I accept them. (Don't ask why I didn't read exactly what I was signing.) If this is the case am I up the creek without a paddle?

    From MSE's Failed Delivery article:
    MY ITEM ARRIVED DAMAGED, I ONLY FOUND OUT AFTER I SIGNED?
    Signing for an item just means it's been delivered. You're not signing on the quality of the item delivered. So even if you found any faults or issues after signing for the delivery, you still have the same rights as with any faulty item.

    Of course, if you also signed a delivery note stating you'd examined the goods and they were in perfect condition, but later discovered they were damaged, there could be an argument about whether you were responsible for inflicting the damage after delivery. So if this is the case, it's better to change the wording to 'not examined', so it's clear you didn't have the time to do this - otherwise, inspect 'em carefully.
  • knack92
    knack92 Posts: 465 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 21 November 2013 at 2:31AM
    wealdroam wrote: »

    Thanks, thought that would be the case.

    Something I omitted from my original post is that the seller has confirmed that the goods were damaged in transit.
This discussion has been closed.
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