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Damaged goods. Seller refusing to collect.

I recently had a bath delivered and it arrived damaged. I contacted the seller who arranged a replacement to be delivered, but they’re refusing to collect the damaged one insisting I dispose of it.

Fortunately this is not a problem for me as I have a big car, I can lift it, and there’s a tip nearby. But I can imagine this would be much more problematic for some.

Are sellers obliged to collect damaged good or are they within their rights to just leave the customer to sort it out?

Comments

  • My understanding is the trader would be responsible for the costs arising from breaching the contract but you'd be required to mitigate those costs.

    Plastic bath? Break it up and take it to the tip?
    In the game of chess you can never let your adversary see your pieces
  • pledgeX
    pledgeX Posts: 527 Forumite
    Like I say, it's easy enough for me to dispose of, I just think it's a bit naughty of them to do it as for a lot of people it wouldn't be so easy.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    In which case you arrange for someone else to uplift and dispose of it for you, and then charge any costs to the seller. (Get a quote first, and then get their commitment to meet the cost prior to actually engaging the other party, otherwise you'd then have the issue of [probably] having to take court action to recover the cost). :)

    That said, I'm surprised they didn't collect the damaged one when delivering the replacement.
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    pledgeX wrote: »
    Fortunately this is not a problem for me as I have a big car, I can lift it, and there’s a tip nearby. But I can imagine this would be much more problematic for some.

    I have more to worry about in life than whether the issue (which isn't an issue) would be an issue to someone else....I never understand these posts.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pledgeX wrote: »
    Like I say, it's easy enough for me to dispose of, I just think it's a bit naughty of them to do it as for a lot of people it wouldn't be so easy.

    Then name the retailer to warn others.
  • pledgeX
    pledgeX Posts: 527 Forumite
    I have more to worry about in life than whether the issue (which isn't an issue) would be an issue to someone else....I never understand these posts.
    I posted this thread as although it's not the end of the world to have to dispose of it, it's more hassle than being able to go back to them and say "You must collect it under section X of law XYZ". If there's no such rule, then fine, I'll take it to the tip.
    hollydays wrote: »
    Then name the retailer to warn others.
    It's Plumbworld.
  • Angus_Og
    Angus_Og Posts: 329 Forumite
    I got some glasses delivered and a couple were broken. I got a partial refund and put them in the bin.

    I was happy with the outcome and wouldn't have expected them to be collected. But then again I'm a boomer and can cope with these things.
  • pledgeX
    pledgeX Posts: 527 Forumite
    Angus_Og wrote: »
    I got some glasses delivered and a couple were broken. I got a partial refund and put them in the bin.

    I was happy with the outcome and wouldn't have expected them to be collected. But then again I'm a boomer and can cope with these things.

    Well that's not quite the same is it? 1) You go a partial refund, and 2) There's a bit more effort required to disposing a bathtub than some glasses.
  • Supersonos
    Supersonos Posts: 1,080 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Couldn't you sell the faulty one?
  • peter_the_piper
    peter_the_piper Posts: 30,269 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pledgeX wrote: »
    I recently had a bath delivered and it arrived damaged. I contacted the seller who arranged a replacement to be delivered, but they’re refusing to collect the damaged one insisting I dispose of it.
    Just make sure you have this in writing.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
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