Goods damaged upon receipt

pochereth

Hi all, I wonder if someone could explain the procedure for me to get a refund or repair for an item I bought.
The item is an electronic step for my taxi that cost £1,220 so not cheap. The thing is, I didn’t open the box for about 3 weeks because I didn’t have a date for fitting but when I did open it I found it was damaged. I contacted the supplier and they said I was supposed to tell them about it within 5 days so I thought I was stuck with it. However, it occurred to me to check out the consumer protections act and according to that I have 30 days which I was just in.
i have contacted the company and are still saying the same. So does anybody know the procedure for me to follow to get resolution?
Thanks in advance, Mark

molerat

This is a B2B transaction so consumer rights will not apply, what does your contract with the supplier state ?

DullGreyGuy

pochereth said:

Hi all, I wonder if someone could explain the procedure for me to get a refund or repair for an item I bought.
The item is an electronic step for my taxi that cost £1,220 so not cheap. The thing is, I didn’t open the box for about 3 weeks because I didn’t have a date for fitting but when I did open it I found it was damaged. I contacted the supplier and they said I was supposed to tell them about it within 5 days so I thought I was stuck with it. However, it occurred to me to check out the consumer protections act and according to that I have 30 days which I was just in.
i have contacted the company and are still saying the same. So does anybody know the procedure for me to follow to get resolution?
Thanks in advance, Mark

You're not a consumer as you were purchasing it for a business purpose.

The Sales of Goods Act does still apply to businesses, unlike consumers. Section 35(1) states they must give you reasonable time to inspect the goods to ensure they conform to the contract however it doesn't state an explicit time limit. Clearly they are arguing that they gave you a week which they deem reasonable but you took 3 weeks.  You'd need to argue why 5 days is unreasonable.