Magnet delivery damage

Oscar!969

I recently purchased and had delivered a kitchen from Magnet. I was going to install the kitchen myself. The delivery team knocked down my garden wall. I have contacted Magnet to try and get this resolved/fixed but they don't want to know, as they use a third party delivery company and therefore do not see it as their fault. They have suggested that I have to claim from the delivery company's motor insurance!
Can anyone advise me if this is correct?
Thanks.

Browntoa

Yes , claim from the delivery people

Oscar!969

Hi Browntoa,
But shouldn't Magnet have to pay for the damage, as I bought the kitchen and delivery through them?

photome

I think your claim is against magnet as you dont have a contract with the delivery people

marliepanda

photome wrote: »

I think your claim is against magnet as you dont have a contract with the delivery people

You don’t have a contract with someone who drives into your car

You don’t need a contract if someone has clearly caused damage. If the kitchen was damaged, yes.

neilmcl

Oscar!969 wrote: »

Hi Browntoa,
But shouldn't Magnet have to pay for the damage, as I bought the kitchen and delivery through them?

Do both. Tell Magnet the the delivery co. are acting as their agent therefore it's their responsibility to sort out. Have you spoken to the delivery co. at all, what did the driver say on the day?

pinkshoes

You have paid magnet for a kitchen to be supplied and delivered.

Their delivery driver has damaged your wall.

Magnet need to pay for this and THEY then claim from the courier.

You would only claim from the courier if they were delivering say a neighbour's kitchen and damaged your wall in the process.

Browntoa

It will end up being paid for by the driver insurance, will be easier to deal directly without magnet playing piggy in the middle.

Only deai via magnet if the delivery company won't play Ball

ScorpiondeRooftrouser

pinkshoes wrote: »

You have paid magnet for a kitchen to be supplied and delivered.

Their delivery driver has damaged your wall.

Magnet need to pay for this and THEY then claim from the courier.

You would only claim from the courier if they were delivering say a neighbour's kitchen and damaged your wall in the process.

Is this correct?

If a Hermes courier knocks the wing mirror off my car, do I have to sue the person who sent me the parcel?

If not, what's the difference?

pinkshoes

ScorpiondeRooftrouser wrote: »

Is this correct?

If a Hermes courier knocks the wing mirror off my car, do I have to sue the person who sent me the parcel?

If not, what's the difference?

That is a very fair point...

My dad had lots of garden furniture delivered and the driver damaged a post when reversing in.

The garden store contacted the courier and supported the whole claim, making sure the courier contacted my dad and coughed up for the repair.

I guess the business valued their reputation.

Magnet will use a courier that will be specifically delivering kitchens (rather than a general courier). They will no doubt do lots of their deliveries.

If Magnet value their reputation they should be at the very least supporting the OP with the claim e.g. giving name, number of the person who delivered.

I would start contacting them on social media.

OP, what did the delivery person say when you asked for their insurance details? Did they ask you to contact Magnet directly?

unholyangel

You can claim off either. Although with magnet, you'd be claiming under contract while a claim against the delivery company would be based on tort.

Under contract, they have a duty to carry out their obligations with reasonable care & skill. The fact they chose to outsource some of their obligations to a third party is irrelevant - they remain liable for the failures of the third party.

Under tort, you have a duty of care to your "neighbour", with neighbour being defined as anyone you could reasonably foresee as being affected by your actions. If you are negligent in your duty of care and that negligence causes them a loss, then you will be liable.

If magnet refuse, send them a LBA and remind them they cannot disclaim liability for their subcontractors.

Current CMA unfair term guidance says this on the matter:

5.2.10 A disclaimer covering problems caused by a trader’s suppliers or
subcontractors is regarded in the same way as one covering loss or
damage caused directly by its own fault. The consumer has no choice as to
whom they are, and has no contractual rights against them. The business
has chosen to enter agreements with them, and therefore should not seek
to disclaim responsibility for their defaults.