Repeatedly damaged in transit

mickyasy2k

Hi, I ordered a Dewalt kit from a company online (value £600) it comprised of numerous items, one of which was sent separately as it was 1.5m long, but still formed part of the kit.
This item was damaged in transit and the company arranged for its return/replacement, the replacement was also damaged in transit, I am now on my third replacement and it's arrived damaged. The company I purchased from have told to return the full kit or they will give me a partial refund of £20 and to source the item being repeatedly damaged, from a local supplier/store, but the item costs £70. I don't want to return the full kit as I am using part of it daily for my business, I just want the items I paid for, undamaged. Yet I'm being expected to lose out an additional £50. Can I ask them to repeatedly attempt replacement, or cover the full cost of my buying the item locally? 
Thanks in advance
Mick

MattMattMattUK

mickyasy2k said:

Hi, I ordered a Dewalt kit from a company online (value £600) it comprised of numerous items, one of which was sent separately as it was 1.5m long, but still formed part of the kit.
This item was damaged in transit and the company arranged for its return/replacement, the replacement was also damaged in transit, I am now on my third replacement and it's arrived damaged. The company I purchased from have told to return the full kit or they will give me a partial refund of £20 and to source the item being repeatedly damaged, from a local supplier/store, but the item costs £70. I don't want to return the full kit as I am using part of it daily for my business, I just want the items I paid for, undamaged. Yet I'm being expected to lose out an additional £50. Can I ask them to repeatedly attempt replacement, or cover the full cost of my buying the item locally? 
Thanks in advance
Mick

No, you cannot. They have given you the option, either return the kit in full for a full refund, or accept their valuation. Note that if you return the kid they may well not refund in full if the kit is not in "as new" condition. 

Okell

mickyasy2k said:

... I don't want to return the full kit as I am using part of it daily for my business,...

This is a consumer rights forum.  If you are using the kit in your business it isn't a consumer purchase and your rights are whatever the seller's T&Cs say they are.

I suspect the best you can do is try to negotiate a better partial refund from them.


[NB  -  note that when you buy stuff for use in your business, the protections in the Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to you.  You will have relatively limited protection from the Sale of Goods Act, but your rights are basically defined by what the seller's T&Cs say they are]

Grumpy_chap

mickyasy2k said:

Hi, I ordered a Dewalt kit from a company online (value £600) it comprised of numerous items, one of which was sent separately as it was 1.5m long, but still formed part of the kit.
This item was damaged in transit and the company arranged for its return/replacement, the replacement was also damaged in transit, I am now on my third replacement and it's arrived damaged. The company I purchased from have told to return the full kit or they will give me a partial refund of £20 and to source the item being repeatedly damaged, from a local supplier/store, but the item costs £70. I don't want to return the full kit as I am using part of it daily for my business, I just want the items I paid for, undamaged. Yet I'm being expected to lose out an additional £50. Can I ask them to repeatedly attempt replacement, or cover the full cost of my buying the item locally? 
Thanks in advance
Mick

This is a business purchase and so consumer rights do not apply.  

Whatever the part is that gets damaged, it is obviously not critical to the whole operation of the drinks machine as you are able to use it daily.

What is the part that is damaged?
Can you source it from alternative suppliers at lower than £70?
Can you negotiate a higher partial refund from the machine provider than the £20?

the_lunatic_is_in_my_head

Hello OP

If you were a consumer you'd be entitled to the £70 (price reduction after one failed repair/replace) but as it's a business purchase you'd need to look at the Sale of Goods Act to see what rights it gives you or as above negotiate for more than £20.