Rights after you have signed for delivery

BestOfTimes

Hi all,
My wife has started working for a local charity organization recently and something has happened today that has vexed and upset her ..... a lot. So I would like to help her out. I thought I knew where we stood with this but I have become confused when discussing/reading about it.


Basically a large fridge was delivered at this charity organization she has started working for and with the driver wanting to rush off, she signed for it. After it was unpacked however she discovered it was damaged ..... badly! The door was barely still attached. It had obviously been badly treated in transit (perhaps the driver suspected this at the time). Now the supplier she bought it from are refusing to take it back, as they claim their T&C's state that once you sign for it, its your responsibility.


What has confused me, even after reading other threads here, is:
- Am I correct when I say, "the supplier is completely in the wrong here and must replace it"?
- Is she a business ; a charity ; or a consumer? And does it matter in terms of their rights?
- I asked if what she signed was a delivery note, but it was a electronic gismo so she doesn't know? But surely this still doesn't matter?
- Where can she go from here?


Thank you all in advance for any help you can give me. This feels especially bad as they are a charity organization, and as she blames herself, she's considering packing it in.

boo_star

If she signed for it in the course of her duties working for the charity then this would be a B2B transaction.

As such the company can include terms washing their hands of any responsibility once the recipient has signed for it.

unholyangel

The CRA & CCRs both helpfully define consumer as:

“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

The CRA also provides (via explanatory notes):

36.Another key definition is the definition of “consumer”. Firstly, a consumer must be an “individual” (that is, a natural person) – the Act’s protection for consumers does not apply to small businesses or legally incorporated organisations (e.g. companies formed by groups of residents). If a group of consumers contracts for goods, services or digital content, they are not left without protection. For example if one consumer makes all the arrangements for a group to go to the theatre or to go on holiday, depending on the circumstances, each member of the group may be able to enforce their rights or the person who made the arrangements may have to enforce the rights on behalf of the group. The other main restriction on who is a consumer is that a consumer must be acting wholly or mainly outside their trade, business, craft or profession. This means, for example, that a person who buys a kettle for their home, works from home one day a week and uses it on the days when working from home would still be a consumer. Conversely a sole trader that operates from a private dwelling who buys a printer of which 95% of the use is for the purposes of the business, is not likely to be held to be a consumer (and therefore the rights in this Part will not protect that sole trader but they would have to look to other legislation. For example, if the sole trader were buying goods, they would have to look to the SGA for protections about the quality of the goods).

Who ordered the goods?

If it wasn't your wife then perhaps remind her that it was the charity who failed to have proper procedures in place (by either ensuring someone who knew it needed to be checked was there or that whoever was there knew it needed to be checked). However, she can turn this into a positive learning experience by perhaps coming up with procedures to ensure the charity is not losing potential funds to maladministration in the future.


If it was your wife then she can still learn from it - not blindly agreeing to T&C's (you'd be surprised what businesses try and sneak in - even more so in b2b contracts) or signing for deliveries without reading/checking. She would have to consult the T&C's and get advice in person from a solicitor if its b2b - businesses aren't afforded the same protection as consumers.

p00hsticks

BestOfTimes wrote: »

- I asked if what she signed was a delivery note, but it was a electronic gismo so she doesn't know? But surely this still doesn't matter?

I hadn't really thought about how these electronic pads affect things - when we used to get paper receipts I think it used to be suggested that you put something like 'goods not examined' when you signed for them - although I donlt know if this had any legal standing. But it;s more difficult to do on those pads - I struggle to do more than initial them.

When we recently had a fidge freezer delivered (from ao), the delivery men said that they had to take a photo of it unpacked and in place to show that it had been delivered successfully. It might be worth checking with the company if the delivery man here was supposed to do something similar.

Thomas_Crown

Two weeks go I took delivery of a new television from a company's own delivery people. When I signed my name on the electronic gismo, I wrote ''Not Checked'' below my signature.

the_lunatic_is_in_my_head

Where was the fridge purchased from?

peter_the_piper

Last time I looked, when signing for a parcel, I was signing for receipt of the item, not the quality of it. I would have told the courier if there was any doubt over the quality of it.

hollydays

I think she shouldn't have been put in the position to have to sign for it.

wesleyad

At this stage do they know you are a business? If not I'd "forget" to bring it up and push down the "T&c's cannot take away your statutory rights".

As long as the packaging was not damaged then you have no reason to unpack in front of the courier (what courier is going to stand around for every delivery to be unpacked?)

Thomas_Crown

peter_the_piper wrote: »

Last time I looked, when signing for a parcel, I was signing for receipt of the item, not the quality of it. I would have told the courier if there was any doubt over the quality of it.

You've obviously not read the T&Cs of the companies who have sent you parcels by courier. I know for a fact that Richer Sounds' T&Cs state that the customer must open the package and check the item, before signing for it. In reality this does not work as the delivery driver will just tell you to sign for it, or they will take it away. Very small print, may tell you that Richer Sounds will give you 24 hours from delivery, to inform them of the item being damaged.

DoaM

Such T&Cs would likely fall foul of Unfair Terms in Consumer Contracts elements of Consumer Legislation. As such a consumer isn't bound by them, and if it went to court a judge would likely find in the consumer's favour.