Worktop woes 😭 What are my rights?

sandy1267

Furts wrote: »

I do not know what happened on the delivery but were I receiving worktops, or bags of cement or whatever it would go something like this ...

Lorry driver in a rush, and time is money for me off loading ... so a quick cursory check - typically are the quantities and colours correct and any obvious damage ...driver wants a signature from me saying everything is satisfactory ... I sign and capital letter my name, but now the crux done all over the country on construction sites, I write "unexamined" in capitals on the delivery ticket. This is to protect my interests, and the driver does not bat an eye lid at this being done - everybody does it!

My intuition is OP will have signed for delivery and when doing so have confirmed the worktops were in good condition. If this is a standard delivery clause then OP will find it difficult convincing a Judge that all worktops were blatantly defective.

I have asked the company for a copy of me signing to state the worktops were delivered undamaged and/or checked - they've ignored that too

sandy1267

ryder72 wrote: »

I think the red herring here is how the worktop was stacked and at what point it may have been damaged.

What is clear is that the contract OP entered into stipulates a timescale to report damages and this is precisely so that the retailer can claim damages from the courier.

OP for whatever reasons has not checked the product received and not reported damages in the stipulated timeframe. Further OP started installation of the product without a thorough check for damages. Usually that would be deemed as goods accepted.

Consumer may have 30 days or whatever to reject goods but they have to be sent back in the same condition as received and if no record was made of receipt of damaged good then the goods are deemed to have been received in acceptable condition.

OP - you really havent got a leg to stand on. Ask the retailer if they can help with the cost of a replacement as a gesture of goodwill and move on.

They didn't want me to return them, they just said a big fat NO! In reply to the forum user that said I could have decided I don't want them and damaged them myself, I repeat, I could not lift them so that's impossible, regardless I don't want a refund I want those worktops without a big hole right in the middle and smashed up ends.
Why would I damage something I want sitting in my kitchen and how on earth would I lift them, hold them with one hand while I swing a heavy object at them?

Furts

sandy1267 wrote: »

I have asked the company for a copy of me signing to state the worktops were delivered undamaged and/or checked - they've ignored that too

Why shoud they? Be realistic here - if it ends up in court this is one of the items they will be keeping up their sleeve. I am not defending them but simply explaining the commercial realities of life.

I have referred to getting the items delivered from a builders merchant, or similar. All that I deal with issue hard copy delivery notes. If you go web based and courier delivery this is an every day risk area. A guy with a pad and you scribble something on the screen. I am guessing this is what happened to you? Which means if a dispute arises the consumer is immediately on the back foot.

sandy1267

Furts wrote: »

Why shoud they? Be realistic here - if it ends up in court this is one of the items they will be keeping up their sleeve. I am not defending them but simply explaining the commercial realities of life.

I have referred to getting the items delivered from a builders merchant, or similar. All that I deal with issue hard copy delivery notes. If you go web based and courier delivery this is an every day risk area. A guy with a pad and you scribble something on the screen. I am guessing this is what happened to you? Which means if a dispute arises the consumer is immediately on the back foot.

No I had to paper sign and print my name to say they'd been delivered, but not that they were in undamaged condition - I know this because it was a simple delivery list, there was nothing to actually read or go through.
There was no other paperwork other than what the supplier sent in the post, that just says I ordered a particular type of worktop with no price or delivery charge on it.
I do feel it's reasonable to ask for my agreement that the worktops were undamaged on delivery if they are blaming me for damaging them, which is slanderous