damaged goods outside of suppliers 5 Day ruling

thebullsback

Hi Everyone ,We have just had a kitchen supplied by Tecaz and fitted by someone recommended by the Tecaz Salesperson.
We are very pleased with the product and the standard of workmanship used to install it however.......
As we were having our old kitchen removed and the new one fitted things were a bit chaotic as we were basically living in one room as the work was going on .
When we signed up for the kitchen we were given a list of T and Cs one of which says all faults to be reported within 5 days.
We did notice one damaged Door and reported this on the 4th day and are awaiting its replacement We then found another slightly damaged door and reported that also but were told that since the second reported fault was over the 5 Days we were not due to a free replacement.but as a gesture we could have the second door at cost price.
Any advice on how to proceed please?

pinkshoes

Tell them you are allowed a satisfactory/reasonable amount of tome to inspect goods and 5 days was insufficient and that you would like a replacement door.

unholyangel

No they can't put such a limit on claims and could well be guilty of a criminal offence by doing so.

The Limitation Act (Prescription and Limitation (Scotland) Act in Scotland) sets the period you have to make a claim. For action founded on simple contract, that period is 6 years (5 years from discovery of the breach in scotland).

Plus under the Consumer Rights Act, any lack of conformity in the first 6 months is assumed to be inherent unless the retailer proves otherwise. So its particularly misleading for a trader to try and remove or restrict your statutory rights within the first 6 months.

Have a look at Group 2(d) on both of the following documents (one is guidance about unfair terms, the other is actual examples of terms that the now defunct OFT felt were unfair which were removed or changed) titled "time limit on claims" - do control & f to search for that text rather than wading through it.

[URL="[url]https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/450440/Unfair_Terms_Main_Guidance.pdf[/url]"]Unfair Term Guidance[/URL]
[URL="[url]https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/450467/Unfair_terms_guidance_Annex_A.pdf[/url]"]Unfair Term Examples[/URL]

thebullsback

So in laymans terms how do we stand please??

theonlywayisup

thebullsback wrote: »

So in laymans terms how do we stand please??

Read post 3.

Ectophile

thebullsback wrote: »

So in laymans terms how do we stand please??

Their T&Cs are not legally valid. You have 30 days to claim a full refund for faulty goods, or within 6 months they must fix any problem (replace, repair or refund) at their expense.