New bathstore bath arrived broken, but only discovered when fitting two months after delivery

the_lunatic_is_in_my_head

CardinalWolsey said:

Aylesbury_Duck said:

Be careful with this line of reasoning in your communications with the retailer.  You checked it within 30 days and it was fine, but after another month it was found to be cracked.  You can guess what their response to that might be.

More importantly, what a judge would make of it if it went to small claims...

Would probably cost the company more than the wholesale price of the bath to find out. 

the_lunatic_is_in_my_head

Bradden said:

I'm not sure legally whether this is relevant but I expect Bathstore like other retailers to ask customers to check goods on delivery and report damages/missing items within a set time period.. if you haven't followed that would it affect your claim?

A company can't contract out your Consumer Rights, the term would simply be classed as unfair as the CRA doesn't impose a time limit for the consumer to inspect the goods.

Bradden

the_lunatic_is_in_my_head said:

Bradden said:

I'm not sure legally whether this is relevant but I expect Bathstore like other retailers to ask customers to check goods on delivery and report damages/missing items within a set time period.. if you haven't followed that would it affect your claim?

A company can't contract out your Consumer Rights, the term would simply be classed as unfair as the CRA doesn't impose a time limit for the consumer to inspect the goods.

Thanks... that's great. How long would be deemed as sufficient time to inspect.. or is there none? I can understand a supplier wanting to impose a reasonable limit otherwise someone could damage something weeks after delivery and then request a refund/replacement.

the_lunatic_is_in_my_head

Bradden said:

the_lunatic_is_in_my_head said:

Bradden said:

I'm not sure legally whether this is relevant but I expect Bathstore like other retailers to ask customers to check goods on delivery and report damages/missing items within a set time period.. if you haven't followed that would it affect your claim?

A company can't contract out your Consumer Rights, the term would simply be classed as unfair as the CRA doesn't impose a time limit for the consumer to inspect the goods.

Thanks... that's great. How long would be deemed as sufficient time to inspect.. or is there none? I can understand a supplier wanting to impose a reasonable limit otherwise someone could damage something weeks after delivery and then request a refund/replacement.

After 6 months the consumer would have show the goods didn't confirm to the contract if the retailer requested such.


I think it's pretty much impossible to determine who caused impact to a plastic bath causing it to crack. It could happen in the hands of the manufacture, the retailer, the consumer or on any journeys between the three (with a product like this it may well bypass the retailer and come directly from the manufacturer). 


Someone with a bath covered in boot prints, chips and dents and splashed with plaster is going to have a much harder time saying they didn't damage the bath, ultimately it all comes down to the balance of probability but within the first 6 months the odds are in the consumer's favour. 

Krishan2907

@the_lunatic_is_in_my_head thanks for your help and advice on this matter. Thankfully it has been resolved with a full refund and collection of the damaged bath.

the_lunatic_is_in_my_head

@Krishan2907 Thank you for popping back and letting us know how you got on.

Great news to hear it was a positive result!