Damaged Dishwasher

jimmygnarl

Bought on-line and delivered on Wednesday by courier and signed for, only to discover after fully unwrapping that the dishwasher is heavily damaged. I rang to complain.


Company say my signature on delivery proves it arrived in good condition, and management are looking into it as it could have been damaged by me.


Get an email later saying they will replace as a goodwill gesture but I will have to return damaged item first at my cost before they will arrange replacement delivery.


What consumer rights do I have with this situation?


Thanks


Jimmy

hollydays

Was this straight forward site, not an auction site ?

jimmygnarl

yes a white goods site

hollydays

You are covered by the sale of goods act.
How did you pay btw?

jimmygnarl

credit card

wealdroam

Here's a few words from MSE's Delivery Rights guide:

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.

unholyangel

jimmygnarl wrote: »

credit card

If the retailer are refusing, contact your card company and start a section 75 claim.

As above, the sale of goods act gives you a reasonable time to inspect goods to see whether they conform to contract - you cannot contract out of this right by agreement, waiver or otherwise.

(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a)of ascertaining whether they are in conformity with the contract, and
(b)in the case of a contract for sale by sample, of comparing the bulk with the sample.

(3)Where the buyer deals as consumer or (in Scotland) the contract of sale is a consumer contract, the buyer cannot lose his right to rely on subsection (2) above by agreement, waiver or otherwise.

jimmygnarl

They will replace but I don't see why I have to return the original machine at my cost first, why cant they replace and collect the original.

wealdroam

jimmygnarl wrote: »

They will replace but I don't see why I have to return the original machine at my cost first, why cant they replace and collect the original.

You do not have to bear the cost of returning the original.

Of course, no-one here can answer your second question.

Here is a quote from MSE's How to Complain article:

While our statutory legal protection is strong, it doesn't matter what the rules are if the seller won't obey them. Yet this isn't always easy with consumer law, and you often need to sort out your own problems. If you're on the warpath, check the three complaint rules first...

Poppy9

Who did you buy from. I had a damaged FF delivered by Currys a few years ago and they wanted me to accept a discount to keep it but the damage was visible so I refused. They delivered a new one and took the damaged one back.

I recently had a FF delivered by Appliance on line. A small trim was broken. I rang them a few hours after delivery, after it had been fitted (it required plumbing in) and asked them to replace trim. They spoke to Samsung and arranged urgent despatch of trim. I was pleased with their attitude and glad they didn't try to fob me off with discount to keep it with damaged trim.

Altarf

unholyangel wrote: »

If the retailer are refusing, contact your card company and start a section 75 claim.

I agree, if there is a problem the retailer gets one chance to resolve, then Section 75.