Delivery drivers damaged floor

Jack_Maloney

We have just had an American Fridge delivered by Marks Electricals. They basically dragged the new and old fridge over our new wooden floor and left 2 massive track marks all the way down our hallway which looks ridiculous. 

When they arrived, I asked them if they could put protective covering down and the delivery guy just said it was too far in his van and he couldn't get it. He asked if I could put an old bed sheet down, which I did but it was only a thin sheet and in hindsight not appropriate to protect the floor. 

I was told to send all evidence of the damage over to their management which I did, but they have just replied with the following:

"We would also like to point out that we do also state in our terms and conditions section 5 under subsection K.

 ‘Whilst our own drivers are happy to wheel your product into an unobstructed room of your choice, we cannot be held responsible for any damage incurred. It is your responsibility to protect any floor coverings to prevent damage while the products are being situated in the property.’

I have also provided below the link to our terms and conditions.

https://markselectrical.co.uk/terms-and-conditions.html

We do apologise for any inconvenience caused."

Is that their get out that they can do whatever they want when delivering the product with no consequences? Do I have any way of fighting this or is it pointless? Any help appreciated. 

 

Aylesbury_Duck

Jack_Maloney said:

We have just had an American Fridge delivered by Marks Electricals. They basically dragged the new and old fridge over our new wooden floor and left 2 massive track marks all the way down our hallway which looks ridiculous. 

When they arrived, I asked them if they could put protective covering down and the delivery guy just said it was too far in his van and he couldn't get it. He asked if I could put an old bed sheet down, which I did but it was only a thin sheet and in hindsight not appropriate to protect the floor. 

I was told to send all evidence of the damage over to their management which I did, but they have just replied with the following:

"We would also like to point out that we do also state in our terms and conditions section 5 under subsection K.

 ‘Whilst our own drivers are happy to wheel your product into an unobstructed room of your choice, we cannot be held responsible for any damage incurred. It is your responsibility to protect any floor coverings to prevent damage while the products are being situated in the property.’

I have also provided below the link to our terms and conditions.

https://markselectrical.co.uk/terms-and-conditions.html

We do apologise for any inconvenience caused."

Is that their get out that they can do whatever they want when delivering the product with no consequences? Do I have any way of fighting this or is it pointless? Any help appreciated. 

 

You could go back to them and ultimately, pursue them through small claims court for the cost of repairing the damaged flooring.  What counts against your argument, though, is the fact that when their driver demonstrated his sheer laziness in not getting the protective cover, you should have either insisted or rejected the delivery.  By accepting responsibility for protecting your own floor, the retailer can simply claim you elected to provide your own floor covering and it wasn't sufficient.

They do have a duty of care to your property, though, so I would get a quote from a flooring company for a repair or replacement of the affected flooring sections.  Then you have a quantified, evidenced amount to go back to them to ask for.

p3ncilsharpener

Aylesbury_Duck said:

Jack_Maloney said:

We have just had an American Fridge delivered by Marks Electricals. They basically dragged the new and old fridge over our new wooden floor and left 2 massive track marks all the way down our hallway which looks ridiculous. 

When they arrived, I asked them if they could put protective covering down and the delivery guy just said it was too far in his van and he couldn't get it. He asked if I could put an old bed sheet down, which I did but it was only a thin sheet and in hindsight not appropriate to protect the floor. 

I was told to send all evidence of the damage over to their management which I did, but they have just replied with the following:

"We would also like to point out that we do also state in our terms and conditions section 5 under subsection K.

 ‘Whilst our own drivers are happy to wheel your product into an unobstructed room of your choice, we cannot be held responsible for any damage incurred. It is your responsibility to protect any floor coverings to prevent damage while the products are being situated in the property.’

I have also provided below the link to our terms and conditions.

https://markselectrical.co.uk/terms-and-conditions.html

We do apologise for any inconvenience caused."

Is that their get out that they can do whatever they want when delivering the product with no consequences? Do I have any way of fighting this or is it pointless? Any help appreciated. 

 

You could go back to them and ultimately, pursue them through small claims court for the cost of repairing the damaged flooring.  What counts against your argument, though, is the fact that when their driver demonstrated his sheer laziness in not getting the protective cover, you should have either insisted or rejected the delivery.  By accepting responsibility for protecting your own floor, the retailer can simply claim you elected to provide your own floor covering and it wasn't sufficient.

They do have a duty of care to your property, though, so I would get a quote from a flooring company for a repair or replacement of the affected flooring sections.  Then you have a quantified, evidenced amount to go back to them to ask for.

But as you already said, the OP seems to have taken responsibility for it by protecting the floor with their own covering.

Aylesbury_Duck

p3ncilsharpener said:

Aylesbury_Duck said:

Jack_Maloney said:

We have just had an American Fridge delivered by Marks Electricals. They basically dragged the new and old fridge over our new wooden floor and left 2 massive track marks all the way down our hallway which looks ridiculous. 

When they arrived, I asked them if they could put protective covering down and the delivery guy just said it was too far in his van and he couldn't get it. He asked if I could put an old bed sheet down, which I did but it was only a thin sheet and in hindsight not appropriate to protect the floor. 

I was told to send all evidence of the damage over to their management which I did, but they have just replied with the following:

"We would also like to point out that we do also state in our terms and conditions section 5 under subsection K.

 ‘Whilst our own drivers are happy to wheel your product into an unobstructed room of your choice, we cannot be held responsible for any damage incurred. It is your responsibility to protect any floor coverings to prevent damage while the products are being situated in the property.’

I have also provided below the link to our terms and conditions.

https://markselectrical.co.uk/terms-and-conditions.html

We do apologise for any inconvenience caused."

Is that their get out that they can do whatever they want when delivering the product with no consequences? Do I have any way of fighting this or is it pointless? Any help appreciated. 

 

You could go back to them and ultimately, pursue them through small claims court for the cost of repairing the damaged flooring.  What counts against your argument, though, is the fact that when their driver demonstrated his sheer laziness in not getting the protective cover, you should have either insisted or rejected the delivery.  By accepting responsibility for protecting your own floor, the retailer can simply claim you elected to provide your own floor covering and it wasn't sufficient.

They do have a duty of care to your property, though, so I would get a quote from a flooring company for a repair or replacement of the affected flooring sections.  Then you have a quantified, evidenced amount to go back to them to ask for.

But as you already said, the OP seems to have taken responsibility for it by protecting the floor with their own covering.

Yes, and I think that might be their undoing, but presumably they'll want the floor repairing anyway, so no harm in finding out who could do it and what it would cost.  No harm in writing to the retailer formally asking for a sum, either.  They can say no (again), and then OP can decide if they want to take their chances in court.

Sandtree

Aylesbury_Duck said:
What counts against your argument, though, is the fact that when their driver demonstrated his sheer laziness in not getting the protective cover, you should have either insisted or rejected the delivery.  By accepting responsibility for protecting your own floor, the retailer can simply claim you elected to provide your own floor covering and it wasn't sufficient.

According to the terms the responsibility was accepted at the point of ordering the goods. There could have been an argument had the driver gone and got their own solution and damage had still occurred  but they didn't... whilst it appears to have been laziness I would have said that any sensible driver wouldn't muddy the water of liability by offering a solution when the customer has signed up to being the one responsible.  

pbartlett

Whereas they can put what they want in T&C, if you sued them the courts may well find this 'not responsible for damage' clause an unfair term. Consumers have a right to expect a delivery to be conducted in such a manner that it does not put gouge marks in your floor - they are supposed to be professionals.

The driver saying that he couldn't be ars***d to go and get the protective covering (lorry too far away) is not acceptable and in my opinion bordering on negligence.

Do a LBA and take them to court for the repair costs.

This link may help

A delivery man delivering a bed has damaged my property and the company are saying that I have to claim on my house (justanswer.co.uk)

Jack_Maloney

Thanks all - I have just spoken to Citizens Advice and they said that potentially they can't just put what they like in their T&Cs and then have no responsibility to deliver it in a skilled and professional manor. They have advised I write a letter to them directly and try to come to some sort of agreement. If not, then I guess it will go down the Small Claims Court route. 

On a side note, Citizens Advice have said they will refer them to trading standards for that term in the T&Cs so fingers crossed something comes out of that. 

pinkshoes

p3ncilsharpener said:

But as you already said, the OP seems to have taken responsibility for it by protecting the floor with their own covering.

That's true, but they used an old bed sheet as advised by the delivery people, which was clearly insufficient.

The delivery people are the experts and will know what the removal and delivery of a fridge entails. Most general public will not be aware how easy it is to scratch floors moving objects like this, so would not have known that a bed sheet is not sufficient.

The delivery drivers still have  duty of care and should have either pointed out the bed sheet was insufficient and would mean the floor could get scratched, or refused to deliver.

Manxman_in_exile

I'm inclined to agree with pbartlett that it's probably an unfair term.

Also, if the OP is being strictly accurate when they say both the old and new fridges "were literally dragged across" their new wooden floor, I'd say that was prima facie evidence of negligence.  Don't delivery men use rubber wheeled hand trucks or sack trucks any more?  Dragging a fridge (two fridges actually) across a wooden floor is idiotic.

If the retailer won't see sense there is nothing to lose writing a Letter Before Claim.

mattyprice4004

It sounds like an unfair term - and also a service must be performed using 'reasonable care and skill'. 
If you have tram lines down your wooden floor as a result of their delivery, this doesn't sound like reasonable care and skill. 

Haggisman123

Sorry to bump an old thread, but wondering if the OP ever got a response to this? I've just had fridge delivered by Mark's Electrical, and they've left a couple of scratches in the laminate floor I laid 3 weeks ago

Not sure what to actually ask for since I laid it myself and don't have a fitter to go back to for a quote to repair it