damaged but not inspected and signed for

eskimo26

Hi
We had some very expensive tiles that arrived in a disgusting state, it had been presumably dropped from quite a height because the bottom half of the wooden pallet has sheered away from the top.

My Mother said she wasn't wearing her glasses and got persuaded to sign for delivery.

Tile company said:

I appreciate you were unwell and you did not have anyone at home to help with the delivery as requested when it was arranged for this date, this is the couriers reply. I also note that you said you watched the driver unload from a window.
The tile company has forwarded the following from the delivery company:

"Please find attached pod for xxxx order.
The pod was signed clean, meaning that the goods were received in good order and condition as noted on paperwork. This is an electronic pod which gives you the option to note damage when signing.
Can you advise why it was signed for if the goods/pallet was damaged as per photos from your customer?
Please advise"


We took plenty of photos of the absolutely disgusting state of the order and got back to them the next day.



My understanding is that we have a right of inspection and a right to reject the goods in a reasonable time frame.



Also regarding the delivery company my understanding is that the contract is between themselves and the company to deliver the products in a fit state. Despite my Mum's signature the photos show they were delivered in a disgusting state.



The driver was pushy for the signature, didn't tell her she what she was signing regarding the state of the package. etc. etc. [I realize these are all excuses but I also feel like this driver ripped off my 62 year old Mum who is in poor health, his behavior according to mum was pretty shift so he was well aware of the state of the package].



Is it ok to say this? How much are we hampered by my Mum signing the paper work?
I'm really trying not to blow up at her. So angry right now.


Any feedback appreciated, sooner the better before my step-dad sends off one of his clunking fist e-mail/letters and destroys what goodwill we have with the tile company.


Thanks for your help.

EDIT: Some extra facts.

My Mum saw the delivery driver out the window but did not 'watch him' like the company claims she said to them over the phone.

Driver was aggressive [in a pushy sense] and blocking the door. My Mum said she has 'never met a driver as angry as that before.'

wealdroam

Here's a short extract from MSE's Failed Delivery article:

If your item arrives damaged, you have rights - even if you've signed for it

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.

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.

From that you should be able to work out where you stand.

There might be other useful stuff in that article too.

eskimo26

wealdroam wrote: »

Here's a short extract from MSE's Failed Delivery article:

From that you should be able to work out where you stand.

There might be other useful stuff in that article too.

Where I stand apparently is between a rock and a hard place but thanks for the quick reply, i'll have a read.

In that case the delivery company is implying the damage was done after the delivery, given the weight of the package it would take 4 to 6 of us to lift the pallet to at least chest height but probably higher given the state of the damage and then drop it on our new drive.

I'll mention this to the tile company because it's a ludicrous idea.

wealdroam

It seems to me that the carrier's comment "The pod was signed clean" has been interpreted by the carrier as "meaning that the goods were received in good order and condition as noted on paperwork".

I think would be suggesting to the seller that your understanding, and indeed that of your mother, was that signing for the goods was simply acknowledging the fact that they had been delivered.

stevemLS

Ironic that you try and play on your mother's age and vulnerability and yet you are ranting about and, seemingly at her and "trying not to blow up at her".

Poor woman was probably doing you a favour. If I were her I'd tell you to sort your own sodding deliveries out in future.

eskimo26

wealdroam wrote: »

It seems to me that the carrier's comment "The pod was signed clean" has been interpreted by the carrier as "meaning that the goods were received in good order and condition as noted on paperwork".

I think would be suggesting to the seller that your understanding, and indeed that of your mother, was that signing for the goods was simply acknowledging the fact that they had been delivered.

Thank you but would that help? Apparently there was a section to report damage which she left blank.

eskimo26

stevemLS wrote: »

Ironic that you try and play on your mother's age and vulnerability and yet you are ranting about and, seemingly at her and "trying not to blow up at her".

Poor woman was probably doing you a favour. If I were her I'd tell you to sort your own sodding deliveries out in future.

Not my delivery- it's my parents house, my parents delivery, my parents silly idea to do yet more expensive building work on an ex council house at the most inappropriate time in the year [my step dads busiest week and my last three weeks of a very intensive access course].

So nice try but i'm actually just trying to pick up the pieces. I realize i'm not helping by being angry but this is not the first time they've done something like this and under a lot of stress atm.

Please don't derail my thread I really need quick help with this. Thanks all.

wealdroam

eskimo26 wrote: »

Thank you but would that help? Apparently there was a section to report damage which she left blank.

I note that the carrier said "This is an electronic pod which gives you the option to note damage when signing", but was it clear to your mother that she could leave that sort of note?

Or did the delivery person just say "sign 'ere love"?

eskimo26

wealdroam wrote: »

I note that the carrier said "This is an electronic pod which gives you the option to note damage when signing", but was it clear to your mother that she could leave that sort of note?

Or did the delivery person just say "sign 'ere love"?

I didn't realize it was electronic. Spoken to my Mum who says she signed across the whole thing so it must have been blank [i.e. only the signature 'page' displayed?]

But the company seems to be saying the option to note damage was on the same 'page'. I love my Mum but I can't rely on her memory bless her.

Can i get the general information on my right of inspection after delivery and which consumer law i state to reject damaged goods.

wealdroam

eskimo26 wrote: »

Can i get the general information on my right of inspection after delivery and which consumer law i state to reject damaged goods.

Section 35 of The Sale of Goods Act paragraph (2).

eskimo26

wealdroam wrote: »

Section 35 of The Sale of Goods Act paragraph (2).

Thanks id there a seperate section for rejecting damaged goods?

I'm going to write the following, feels very wordy, appreciate any comments:

Thank you for the quick reply regarding the delivery of the damaged tiles.

It is my understanding that when goods are delivered to the buyer, and he has not previously examined them, he or she has a reasonable opportunity of examining them and has a right to reject them if done so within a reasonable period.

To this end if it has not previously been made clear we would like to reject these damaged goods under the sales of goods act [section 35].

Regarding the response from the delivery company, It seems they are implying that the goods were damaged after delivery but I would actually wonder at the practicality of this.

Given the the way the pallet has been damaged it is obvious the whole package was dropped. The weight of this product would require at least 6+ [realistically probably more] reasonably fit and healthy people to lift it to chest height and probably higher given the extent and uniformity of the damage. They would then have had to drop it from that height onto our new drive without injury.

My Mum says she didn't watch the delivery from the window but saw the driver out the window and this is how she knew to come down.

She also said 'he was the most aggressive delivery driver I have ever met' which I found a bit upsetting. She also physically showed me where he was standing, on opening the door he was right up behind it and not only completely blocking the doorway but my Mum says he was large enough to block her line of sight to the package.

At this point he jabbed his finger at the pod, thrust it at her and asked her to sign it [with her finger] with a feeling of urgency. While the pod may have been 'signed clean' and this has interpreted by the carrier as "meaning that the goods were received in good order and condition as noted on paperwork"- my understanding, and my mothers at the time, was that signing for the goods was simply acknowledging the fact that they had been delivered. I would also challege the practicality of writing anything beyond a signature when told to use your finger.

At no time wwas she told we had any such option to note damage, in fact I would say with the degree of haste and body language involved it was the driver intention to get a signature as fast as possible and leave.

While i'm aware that the contract for delivery is between the delivery cmpany and yourselves only, I would respectfully suggest that if they make regular deliveries for you that you drop them like a stone.

I think you've met my Mother and we can agree that while she knows her mind she is the most imposing figure and I do feel she was treated appallingly by this driver and taken advantage of.

Kind regards.....