Delivery help

littlefacey

Hello! 

Back in December, I sold 2 meter boxes to a customer online. Day of delivery customer called to say they had been damaged in transit which I sincerely apologised for a sent replacements out and then claiming the cost from the courier. As the goods were delivered on the 14th of that month and I hadn't heard from the customer since I thought everything was fine. 
On the 24th of January, I was then contacted again to say the items were damaged and that he wanted a refund. As this is over a month after delivery do I have any rights? I explained that I normally require notification of any damage in the first 72 hours (although I do accept anything up to 10 days as I can claim with the courier for damages up to 14 days) but I will now be out of pocket because I am unable to claim this back. I explained my situation and that as a goodwill gesture I would refund the £10 delivery fee but he wants the whole lot back and keeps stating the Consumers Right Act. 

Is there anything I can do? or do I have to bite the bullet and refund? I completely understand his issue but how do I also know that they hadn't been damaged on the building site where they have been sitting for the last month? 
He also states that as the site was closed for Christmas he hadn't been able to message earlier and hadn't bothered to open them until now?.

user1977

Meter boxes delivered to a building site sounds like your customer is a business, not a consumer - is that correct?

pinkshoes

This is a business to business contract rather than consumer rights, so you will need to look at the T&Cs that were agreed to in the business contract.

If your contract stated that they had 72 hours to inspect the goods then that's fair enough.

Did they return the original damaged ones?

littlefacey

Sorry yes it is business to business. 

No it isn't cost-worthy for me to have faulty boxes collected as they cost around £15.00 to be collected and I can only bin them so as long as they provide images of the damage I will happily replace or refund. 

I have the following stated on the website, 

Parcel Damage from Courier

If you have received a damaged parcel via one of our couriers please inform us within 48hrs (work days) via telephone if you do not do this within this time we cannot raise any claim with the couriers, and unfortunately will not be able to get a replacement out to you.

and this is the email I had from the customer 

On 10 December 2021, I bought two brown meter boxes and received them on 13th. I subsequently discovered that the two meter boxes were damaged and you kindly offered to send two further meter boxes as a replacement. I received these on 14 December 2021. As the building site they were for had closed early for Christmas the package was not opened until 24 January 2022. I subsequently discovered that the two boxes were also damaged due to inadequate packaging and I sent you photographs to confirm this. The Consumer Rights Act makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose. 

As you are in breach of contract, I am entitled to have the replaced or refunded and I would request that you confirm you will do this within 14 days from the date of this letter. 

I also require you to confirm whether you will arrange for the two boxes to be collected or will reimburse me for the cost of returning them.

 I look forward to receiving your satisfactory proposals for settlement of my claim withinseven days of the date of this letter.

Now I don't know what to do  

littlefacey

Sorry I don't know how to move this into the correct forum? 

visidigi

so the building site was closed for Christmas but they were opened on the 24th....sounds...dodgy.

littlefacey

That is what I thought which is why I am querying it!? Surely you would have checked the 2nd delivery if the first one was delivered damaged? 

Thing is if I am in the wrong and he takes it further I will loose more money but I don't want him to think 'oh ive quoted Consumers Right Act so i'm entitled to a refund' 

Manxman_in_exile

You could point out to him that if he is relying on the Consumer Rights Act then he clearly doesn't know what he's talking about as that legislation does not apply to "business to business" transactions - that's why it's called the Consumer Rights Act - the clue is in the name.

The Sale of Goods Act probably applies (but no need for you to tell him that!) and the goods do need to be of satisfactory quality.

But I think if I were you I would point out to him the term in your contract of supply relating to him checking delivered goods for damage is what applies here.  If the goods were delivered on 14 December he really has no excuse for waiting until 24 January (nearly 6 weeks later) to inform you that the goods were damaged when delivered.  He would be taken to have agreed to your contract terms and if he didn't like them, to go to another supplier.  Knowing the terms of your contract he should have made sure the goods were checked when delivered.

Two points of caution though:

First - you don't seem to know the T&Cs yourself, and they're your terms!  On the one hand you say:

littlefacey said:

... As this is over a month after delivery do I have any rights? I explained that I normally require notification of any damage in the first 72 hours (although I do accept anything up to 10 days as I can claim with the courier for damages up to 14 days) but I will now be out of pocket ...

and then you say:

littlefacey said:

....

I have the following stated on the website, 

Parcel Damage from Courier

If you have received a damaged parcel via one of our couriers please inform us within 48hrs (work days) via telephone if you do not do this within this time we cannot raise any claim with the couriers, and unfortunately will not be able to get a replacement out to you.

...

So which is it?

Second - if you aren't sure, how do you know your customer is aware of the term?  Is it displayed prominently on your website?

[EDIT:  How much money are you talking about?]

Manxman_in_exile

Further to my previous post, I see that he might be blaming you - not the courier - for the damage because of "inadequate packaging".  Whether that affects what I've suggested above, I don't know.

The law draws a distinction between consumers and businesses because the law expects businesses to know what they are doing and to be able to stand up for themselves.  The law does not necessarily expect consumers to be so assertive and knowledgeable.  That's why consumers have additional legal protection under the Consumer Rights Act.

If you are a business and get involved in a legal dispute with a customer or a supplier, you should be getting paid for legal advice if you don't know what to do yourself.

Report your post yourself and ask one of the site team to move this to the Small Biz Moneysaving board - they may have more helpful advice there...

born_again

So if they were closed on the 14th for christmas. Just who took delivery of the goods?

If you are thinking of refunding. I would want them to send them back & also ask for the 1st ones if they still have them. Yes it will cost you. But at least you know that they are not pulling a fast one & still using the items for free.

mattyprice4004

I'd be filing that in the bin just for the use of 'settlement of my claim' in a letter asking for resolution. 
Point them to your T&Cs, indicate it's a B2B transaction so covered by the contract between the two companies and in that contract is a term making sure the package is checked within a certain number of days.