Signed for Oven and damaged once opened

ajpat795

Hello
Thank you in advance for any help here.
I bought a SMEG oven online and it was delivered on 19th May. I signed for it and stored it safely in my garage. I have never purchased an oven before.
I have been upgrading all appliances in my kitchen and painting the existing units. I removed the packaging from this oven on 25th June to see a dent in the corner and the glass in the door shattered. I contacted the company who I bought this from and there response was "you signed the form and you didn't contact us within 48 hours to report so tough not our problem. I contacted SMEG who advised that i should contact another company who was responsible to take the goods from there warehouse and deliver to all of there suppliers, so i contacted this company and they said "sorry we wont deal with you" we only deal with the company whom you purchased the product from, so i sent an email back to the company that i bought the oven from and there response was the same "you have 48 hours to contact us not our problem here is the Ombudsman telephone number. I called SMEG back and they said sorry we are just the manufacturer nothing we can do. I am angry at myself for not opening this and checking. In my opinion this oven has been dropped from a height to cause this dent and the glass to shatter ? Please could someone advise what i can do now if anything? This oven is NOT fit for purpose, i do not have accidental damage-on my household insurance. Thank you for your help

Fosterdog

Surely the box must have been damaged if it was dropped hard enough to dent metal and shatter glass inside it? And didn't you hear the shattered glass moving around inside the box? Shattered glass is very noisy and if it was rattling around loose inside it would have made a fair bit of noise even when being moved gently.

ajpat795

No the box was not damaged in anyway, there was polystyrene surround it and i have kept all of this packaging, the glass has shattered in the inner part but not the outer part

indian_summer

Did you pay on a credit card?

Section 75 claim is possible.

wealdroam

ajpat795 wrote: »

Hello
Thank you in advance for any help here.
I bought a SMEG oven online and it was delivered on 19th May. I signed for it and stored it safely in my garage. I have never purchased an oven before.
I have been upgrading all appliances in my kitchen and painting the existing units. I removed the packaging from this oven on 25th June to see a dent in the corner and the glass in the door shattered. I contacted the company who I bought this from and there response was "you signed the form and you didn't contact us within 48 hours to report so tough not our problem. I contacted SMEG who advised that i should contact another company who was responsible to take the goods from there warehouse and deliver to all of there suppliers, so i contacted this company and they said "sorry we wont deal with you" we only deal with the company whom you purchased the product from, so i sent an email back to the company that i bought the oven from and there response was the same "you have 48 hours to contact us not our problem here is the Ombudsman telephone number. I called SMEG back and they said sorry we are just the manufacturer nothing we can do. I am angry at myself for not opening this and checking. In my opinion this oven has been dropped from a height to cause this dent and the glass to shatter ? Please could someone advise what i can do now if anything? This oven is NOT fit for purpose, i do not have accidental damage-on my household insurance. Thank you for your help

ajpat795 wrote: »

No the box was not damaged in anyway, there was polystyrene surround it and i have kept all of this packaging, the glass has shattered in the inner part but not the outer part

I do wonder how the metal could be dented without damage to the box.

Either the damage was done before the oven was placed in the box, or it was damaged after it was removed from the box.

If it was damaged before it was put in the box, then whoever did that would surely realise that there was a strong likelihood of the box being opened in a timely manner and the damage being reported.

SouthUKMan

Sorry to hear about your trouble. The problem is that the longer you take to inspect goods then the less inclined a retailer will be to help you in the event of a problem. Report damage within 24 / 48 hours and the company has little choice but to accept full responsibility. Wait 5 weeks though and they can make a very good case for saying the damage could have occurred with you.

Your options are to be persistent with the company and make a clear case in writing, yes you could try an ombudsman, or start a s75 claim, or start action in the small claims court. Just remember that YOUR contract is with the retailer and not the manufacturer or courier company.

hollydays

wealdroam wrote: »

I do wonder how the metal could be dented without damage to the box.

Either the damage was done before the oven was placed in the box, or it was damaged after it was removed from the box.

If it was damaged before it was put in the box, then whoever did that would surely realise that there was a strong likelihood of the box being opened in a timely manner and the damage being reported.

I had a washing machine delivered, miele, and it was clear that the dent was probably done in the factory , though fortunately it was discovered as soon as it was opened, so it does happen.

shaun_from_Africa

hollydays wrote: »

I had a washing machine delivered, miele, and it was clear that the dent was probably done in the factory , though fortunately it was discovered as soon as it was opened, so it does happen.

Same here.
I had a tumble drier delivered and after unpacking it, I discovered that the door wouldn't open due to the entire metal chassis being distorted.
There was a small amount of water inside the tank (as it was a condenser drier) so it was clear that the appliance had been tested before leaving the factory so the damage must have occurred between the time it was tested and delivery to me yet there wasn't a single mark on the packing material.

Fosterdog

hollydays wrote: »

I had a washing machine delivered, miele, and it was clear that the dent was probably done in the factory , though fortunately it was discovered as soon as it was opened, so it does happen.

That would make sense with just the metal part but not the shattered glass too, it would be incredibly difficult to continue to pack something full of glass shards so it is highly unlikely that the oven was damaged prior to packing and with no damage to the packaging then common sense and basic physics would suggest that something happened while or after it was opened.

The only other thing would also be highly unlikely would be both bits of damage completely unrelated with the metal damaged prior to packing and the glass shattering while in the packaging but what would the chances of that be?

sheramber

If the OP didn't hear the broken glass when it was delivered is it possible that it was wrapped in the polythene then damaged before being covered in cardboard.

hollydays

Fosterdog wrote: »

That would make sense with just the metal part but not the shattered glass too, it would be incredibly difficult to continue to pack something full of glass shards so it is highly unlikely that the oven was damaged prior to packing and with no damage to the packaging then common sense and basic physics would suggest that something happened while or after it was opened.

The only other thing would also be highly unlikely would be both bits of damage completely unrelated with the metal damaged prior to packing and the glass shattering while in the packaging but what would the chances of that be?

We must remember that not all staff are happy in their jobs to I am guessing it's entirely possible a disgruntled member of staff could do this