Time limit to reporting damaged/faulty goods?

moomaloo · 7 May 2018 at 9:35AM

Hi there. I've spent a while reading the extremely useful guide to consumer rights and would be interested in what others think of this:

On 16th Feb of this year I ordered a new (and expensive) enamel shower tray from an online bathroom supplies company. I paid £70 for delivery on a palette but, in actuality, the thing was delivered at the beginning of March by a man in a van. Nevertheless, it was extremely well packaged and I thought no more about it.

The shower tray remained in its packaging in a spare bedroom until I could organise myself and a plumber to fit it.

I unpackaged it yesterday and, to my horror, there is a substantial part of the enamel missing from one corner. It looks as if it has been bashed at some point, though there is no damage to the packaging and no denting of the tray. (Oh how I wish I'd checked it much earlier...!)

The supplier tells me that there is nothing they can do about it because they have a policy that it should have been reported within three days of receipt.

Do I have to accept this or is consumer law on my side? - it appears to me that I retain the right to choose between a repair or replacement (which is all I want) but am I correct or have I learned an expensive lesson here..?

(I paid by credit card - can they help?)

Many thanks.

photome · 7 May 2018 at 9:42AM

I think you are on a sticky wicket

look at it from their point of view, you have it for nearly 3 months, you could have caused the damage at any point in that time

repair or replace is for something that is faulty, can you prove you didnt do it

Svein_Forkbeard · 7 May 2018 at 9:57AM

I have been there with a cistern.

I think it was my builder that dropped it but I took it on the chin.

George_Michael · 7 May 2018 at 11:07AM

Svein_Forkbeard wrote: »

I have been there with a cistern.

I think it was my builder that dropped it but I took it on the chin.

That must have hurt. (unless you have a chin like this):

unholyangel · 7 May 2018 at 12:51PM

Remind the retailer that any term limiting your statutory rights would be unfair and may even amount to a criminal offence.

Also remind them that any lack of conformity that becomes apparent within the first 6 months is assumed to be inherent unless they prove otherwise. You have 6 years in law to make a claim, therefore they cannot have a term that ends their liability after 3 days (but its considered particularly misleading to try disclaim liability within the first 6 months due to the above).

ScorpiondeRooftrouser · 7 May 2018 at 1:26PM

unholyangel wrote: »

Remind the retailer that any term limiting your statutory rights would be unfair and may even amount to a criminal offence.

Also remind them that any lack of conformity that becomes apparent within the first 6 months is assumed to be inherent unless they prove otherwise. You have 6 years in law to make a claim, therefore they cannot have a term that ends their liability after 3 days (but its considered particularly misleading to try disclaim liability within the first 6 months due to the above).

I very much doubt that can be applied to accidental damage. If it could than anyone could drop anything within six months and claim it was broken when they got it. No retailer could ever prove otherwise.

shaun_from_Africa · 7 May 2018 at 1:59PM

unholyangel wrote: »

Also remind them that any lack of conformity that becomes apparent within the first 6 months is assumed to be inherent unless they prove otherwise. e).

ScorpiondeRooftrouser wrote: »

I very much doubt that can be applied to accidental damage. If it could than anyone could drop anything within six months and claim it was broken when they got it. No retailer could ever prove otherwise.

I would say that is the exact reason for the following:

(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.

unholyangel · 7 May 2018 at 3:06PM

ScorpiondeRooftrouser wrote: »

I very much doubt that can be applied to accidental damage. If it could than anyone could drop anything within six months and claim it was broken when they got it. No retailer could ever prove otherwise.

What evidence is there that it was accidental damage rather than that part of the tray not being (for example) primed properly leading to the enamel coming away?

Is it only in the consumers possession than goods could be damaged?

And no, not everyone could claim that. In OP case they will undoubtedly be able to prove that they had a fitter booked for now. Its very common for people to keep things packaged until the installers/fitters get there.

But none of that changes the fact they cannot have a 3 day time limit for reporting faults or that its particularly misleading to try and disclaim liability within the first 6 months.

ScorpiondeRooftrouser · 7 May 2018 at 4:10PM

unholyangel wrote: »

What evidence is there that it was accidental damage rather than that part of the tray not being (for example) primed properly leading to the enamel coming away?

The fact that all we have been told is "It looks as if it has been bashed at some point". As far as the company is concerned, that's presumably what he told them and what they reacted to.

If he now wants to argue that it isn't accidental damage; that's a different kettle of fish, but he doesn't believe that to be the truth.

unholyangel wrote: »

And no, not everyone could claim that. In OP case they will undoubtedly be able to prove that they had a fitter booked for now. Its very common for people to keep things packaged until the installers/fitters get there.

Ok, you said before that the retailer would have to prove it wasn't damaged on delivery - that's impossible. Now you are saying he would have to prove it was. Very different situation.

KeithP · 7 May 2018 at 4:19PM

ScorpiondeRooftrouser wrote: »

The fact that all we have been told is "It looks as if it has been bashed at some point". As far as the company is concerned, that's presumably what he told them and what they reacted to.

And why not?

The next question might be "was it bashed before or after delivery to the consumer"?

Section 19 of the CRA effectively says that any damage found in the first six months following the sale must have been present at the time of the sale unless the seller can prove otherwise.

But you already know that as Unholyangel's earlier post explains it.

ScorpiondeRooftrouser wrote: »

Ok, you said before that the retailer would have to prove it wasn't damaged on delivery - that's impossible.

Then if the seller cannot prove when it was damaged, then we revert to CRA S19 - it is assumed the goods arrived damaged unless the seller can prove otherwise.

ScorpiondeRooftrouser · 7 May 2018 at 4:50PM

KeithP wrote: »

Then if the seller cannot prove when it was damaged, then we revert to CRA S19 - it is assumed the goods arrived damaged unless the seller can prove otherwise.

Then why does unholyangel suggest that he would need to prove it by showing when he had booked a fitter? If what you are saying is correct, there's no need to do anything except send it back and say it's broken.

The simple fact is that if what he originally said, and what you are saying now, is true then anyone breaking anything can return it and claim it was damaged. The only exceptions would be where a deliberate statement had been made by the buyer that the goods were received in good condition.

I simply don't believe this is the case. I am not sure damage is a "fault", and I can't imagine this was the intention of the act. It may be so, of course. Have there been successful cases of this type?

Time limit to reporting damaged/faulty goods?

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