Tumble drier delivered damaged

the_lunatic_is_in_my_head

IvanOpinion said:

To me that looks like it has been dropped or something has been dropped on it. That could have happened any time from manufacture to you noticing it. With the last few deliveries we have received, the couriers have been very strict in unwrapping the item and getting me to check it before they leave - several have even taken photographs of the unboxed items. I would actually be more wary of a courier that did not make sure I inspected the goods.

MagnoliaT said:

By my interpretation of the law, for the first 6 months after purchase the onus is on Samsung to prove that we damaged the item not them, leaving them liable. 

I am no expert, but I don't think your interpretation is correct. The 6 month rule relates to functionality of the device, not obvious physical damage. You may have to prove that the damage did not happen while in your possession.

The regs detail that if the goods do not conform then it is taken they did not conform within he first 6 months unless demonstrated otherwise, this covers the consumer exercising the right to repair/replace and final reject/price reduction and includes all reasons including to be of satisfactory quality which includes their condition and state.  



OP send them a letter before action (templates on Google), it's their job to prove you damaged it. Cite the below and request they repair or replace the goods. 

https://www.legislation.gov.uk/ukpga/2015/15/section/9/enacted

1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of that kind are usually supplied;

(b)appearance and finish;

(c)freedom from minor defects;

(d)safety;

(e)durability.

https://www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

(15)Subsection (14) does not apply if—

(a)it is established that the goods did conform to the contract on that day, or

(b)its application is incompatible with the nature of the goods or with how they fail to conform to the contract.

zoob

Was it packaged in clear plastic film and polystyrene posts on each corner? 
If so I would believe that this damage would have being reasonably obvious at time off arrival 
As far as retailer and manufacturer are concerned its being in your possession since May, probably longer then manufacturer, retailer and carrier have had it in there possession combined 

Manxman_in_exile

If the OP is certain that they haven't caused the damage and Samsung won't budge, then I would certainly be following the advice from @the_lunatic_is_in_my_head and be sending Samsung a Letter Before Claim.

I'm not certain how Samsung could establish that the damage was more likely to have been caused while in the OP's custody rather than in Samsung's own care or that of their chosen courier.  Samsung can't possibly know that, and for a court to accept Samsung's view the court would have to find that the OP was probably lying - deliberately.  I'm not sure a court would do that without compelling evidence to that effect from Samsung.

I don't see how any term or condition about checking the goods within 72 hours would remove Samsung's responsibility to deliver to the consumer goods that conform to contract.

To my mind it's a no-brainer to start down the claims route as there is nothing for the OP to lose.  I'd certainly challenge Samsung to stand their ground in court.

born_again

Surely with that amount of damage the other cardboard would have been damaged as well.

TELLIT01

It could look like that if the OP dropped it, even in its packaging.  I think the OP will have a tough battle with this one.  I'm not saying the OP did drop it, but unless they still have all the original packaging and there is no sign of damage on that, it's a reasonable argument on the part of the vendor.

shiraz99

born_again said:

Surely with that amount of damage the other cardboard would have been damaged as well.

What cardboard? Washing machines/tumble dryers tend to come simply wrapped in plastic with a polystyrene base and top.

shiraz99

TELLIT01 said:

It could look like that if the OP dropped it, even in its packaging.  I think the OP will have a tough battle with this one.  I'm not saying the OP did drop it, but unless they still have all the original packaging and there is no sign of damage on that, it's a reasonable argument on the part of the vendor.

TELLIT01 said:

It could look like that if the OP dropped it, even in its packaging.  I think the OP will have a tough battle with this one.  I'm not saying the OP did drop it, but unless they still have all the original packaging and there is no sign of damage on that, it's a reasonable argument on the part of the vendor.

It doesn't look like it's been dropped but more crushed from above and even if it was I'm not sure how a consumer could drop something of this size and weight to cause that sort of damage, it was either done in transit or at the warehouse.

Aylesbury_Duck

shiraz99 said:

TELLIT01 said:

It could look like that if the OP dropped it, even in its packaging.  I think the OP will have a tough battle with this one.  I'm not saying the OP did drop it, but unless they still have all the original packaging and there is no sign of damage on that, it's a reasonable argument on the part of the vendor.

TELLIT01 said:

It could look like that if the OP dropped it, even in its packaging.  I think the OP will have a tough battle with this one.  I'm not saying the OP did drop it, but unless they still have all the original packaging and there is no sign of damage on that, it's a reasonable argument on the part of the vendor.

It doesn't look like it's been dropped but more crushed from above and even if it was I'm not sure how a consumer could drop something of this size and weight to cause that sort of damage, it was either done in transit or at the warehouse.

Or two people dropped it whilst moving it around OP's house once the room was ready.  That's what the retailer may suspect has happened.

shiraz99

Aylesbury_Duck said:

shiraz99 said:

TELLIT01 said:

It could look like that if the OP dropped it, even in its packaging.  I think the OP will have a tough battle with this one.  I'm not saying the OP did drop it, but unless they still have all the original packaging and there is no sign of damage on that, it's a reasonable argument on the part of the vendor.

TELLIT01 said:

It could look like that if the OP dropped it, even in its packaging.  I think the OP will have a tough battle with this one.  I'm not saying the OP did drop it, but unless they still have all the original packaging and there is no sign of damage on that, it's a reasonable argument on the part of the vendor.

It doesn't look like it's been dropped but more crushed from above and even if it was I'm not sure how a consumer could drop something of this size and weight to cause that sort of damage, it was either done in transit or at the warehouse.

Or two people dropped it whilst moving it around OP's house once the room was ready.  That's what the retailer may suspect has happened.

To get that sort of damage you would have to drop it at a considerable height and to land on it's head, I'd also expect other damage. I really can't see a consumer doing that sort of damage unless they pushed it out of first floor window.

Alderbank

Aylesbury_Duck said:

shiraz99 said:

TELLIT01 said:

It could look like that if the OP dropped it, even in its packaging.  I think the OP will have a tough battle with this one.  I'm not saying the OP did drop it, but unless they still have all the original packaging and there is no sign of damage on that, it's a reasonable argument on the part of the vendor.

TELLIT01 said:

It could look like that if the OP dropped it, even in its packaging.  I think the OP will have a tough battle with this one.  I'm not saying the OP did drop it, but unless they still have all the original packaging and there is no sign of damage on that, it's a reasonable argument on the part of the vendor.

It doesn't look like it's been dropped but more crushed from above and even if it was I'm not sure how a consumer could drop something of this size and weight to cause that sort of damage, it was either done in transit or at the warehouse.

Or two people dropped it whilst moving it around OP's house once the room was ready.  That's what the retailer may suspect has happened.

My first thought on seeing the pictures was that someone had climbed up on it. A 15 stone builder on that corner could easily have done that.