Advice on signing delivery note

[loopinlouie]

Hi:) I have a fish tank comming next week and apparantly have to unpack it as best can and check for damage at the doorstep. I have one of these cold water and find then very relaxing and decided to bide time and get a tropical one on condition got a good deal.

 

Well I did thing is I have one of these and know they are well packed with poylysterene at corners etc. I have been told to check for damage and contents all there and that the driver will be prepared to wait whilst I do it.

 

Thing is I said unless totally out of packaging which you dont do untill in desired location as in upstairs, you cant see small cracks in a huge box sat in the hall way. Rang them for reassurance and they say they are looking for obvious signs of delivery damage as in dropped or hit by forklift etc, so would understand any smaller cracks might not be seen till put on stand.

 

You all know I am the queen of worry so forgive me, but would you advise on the form to cover myself checked to best of ability as in packaging and further check when unrapped properly. Does that seem over the top, they firm seem okay I just dont want to get it upstairs find a crack and then have them say it must have been done after delivery.

 

This firm sell thousands of them and I am sure as there delivery people only deliver these then should be okay, but due to checking at doorstep and its a dark hallway I have to cover myself.

 

What would you do? Its also once you loosen the packaging it makes it more difficult to safely carry to desired location, so impossible to get totally out of the huge box.

 

I think I made myself a fool as was going to cancel due to my concerns and how much I will worry, but they reassured me just to check no huge cracks. Thing is on website it clearly says check on delivery, so have to be careful I will still get help if fault is found xxx

 

And I said I was going to behave worry wise today:lol:

[loopinlouie]

It is a great deal, better one than before, pre drilled holes in tank for hoses and given free gravel, backing and even a fish net, saved over 100.00 on the cost of the prevous one. However this was delivered to my room.

 

Oh and to laugh I should maybe start to worry about the weight on the ceiling again, ha ha ha;) Made sure have home insurance in case any tank goes pop and floods the garage, been reassured this is unlikely to happen and have pump on standby in case need to get water out quickly. Should have been a scout or guide, 'be prepared' Make it sound as if a fireengine is sat outside dont I?

Well son would I would probably sit there panicking, shouting quickly do something knowing me xxxx

 

What I do for my fishy friends xxxx

Edited July 3, 2010 by loopinlouie

[Snefclarb]

When I've been concerned about issues like this, I have signed the delivery note and written 'not checked' next to my signature. I don't know if this accomplishes anything, but at the very least no one can claim you checked it then signed for it.

[Kraken1]

delivery note declarations have little effect, unless damage was or should have been obvious.

 

SOGA states you have a reasonable time to examine the goods. Of course, what is a reasonable time does depend on the nature of the product and any damage.

[perplexity]

Section 34 of the Sale of Goods Act applies to any contract of Sale, i.e.

 

Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.....

"otherwise agreed" and "on request" could be tricky, while the implication is that this relates to the immediate rejection of goods.

 

However, with a consumer contract there is also this from Article 5 of the EU Directive 1999/44

 

3. Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

Section 48A of the SOGA implements that.

 

The Directive clarifies the burden of proof.

 

 

Was it perhaps a distance contract?

 

[littlefatbudha]

Hi there, i work for city link sometimes, and there is no way that a driver would allow you to open packaging without signing for parcel first.

Also drivers are under timescales and would not wait whilst you opened and checked for damage, and if you have checked and found damage, once signed for the driver would not take parcel back.

What i find is that most customers write unchecked on the sheet, and if the package is damaged, you can either refuse or write packaging damaged and unchecked.

Hope this helps.LFB

[loopinlouie]

Thanks for all the comments xx

 

Thats what concerned me the firm says you will be given time to check the contents all there etc and for damage whilst the courier waits and Ive yet to come accross a courier with the time to do that.

 

The courier apparantly wont help to carry it over the threshold into the hallway, so I think it would be unreasonable to unbox etc and check goods on the driveway especially as glass. Once packaging undone the packaging is weekend for carrying it anywhere else, these things weigh a tonne;) Will open top just in case for a quick shufty

 

So will calm down and unless it arrives in peices:D Check it more thoroughly once in placement knowing soga protects me, thanks again xx

Edited July 4, 2010 by loopinlouie

[loopinlouie]

If the glass tank arrives flatpack, I will know to be suspcious:razz:

[loopinlouie]

I am worrying too much and after what happned recently with the scare, I have decided to cancel it and asked them under the distance selling regulations to refund me.

 

The thing is the other tank I have was delivered to the room by two men and boy did they suffer for the weight of it. Now I could get help to lift if from hallway to upstairs at later date, but the idea of one man only delivery has made me think, they must expect us to collect it from the van and carry it in also. I know they say to kerbside but the woman said doorstep and unless he is superman I dont think it will arrive in one peice.

 

Dont know whats wrong with me lately, too many rash descisions. Just think cant cope with it at the moment, so best to cancel.

 

Anyhow back on track on distance selling they have to refund me whithin reasonable time I would think, I did say I wished to cancel on friday and the woman did her best to reassure me not to and all would be okay, lovely woman but one man to lift a huge tank.

 

Emailed them of request to cancel their site says they have to authorise requests, so hope no trouble in doing so, sorry shop xx I am okay asking for refund prior to delivery I would think.

Edited July 4, 2010 by loopinlouie

[perplexity]

Emailed them of request to cancel their site says they have to authorise requests, so hope no trouble in doing so, sorry shop xx I am okay asking for refund prior to delivery I would think.

 

 

Really?

 

The consumer does not request a cancellation. "The consumer gives a notice of cancellation to the supplier" that the contract is cancelled, as per section 10 of the Regulations.

 

The Statute authorises the cancellation of a distance contract, not the supplier.

 

The word they need is "acknowledge".

 

[loopinlouie]

Hi, company kindly called me back though havnt confirmed by email as requested, but I dont think that matters. They tried to reassure me one man could carefully deliver it to the door, via tail lift and another devise which carries it to the door, trolley I think. I said I still had concerns due to glass that it could get damaged unless carried off lorry by two men to door. They said they would ring my local deppo to confirm, but I kindly asked for a refund adn thanked them for their time and said it was a good deal, but I would be too upset if arrived damamged and would prefer to use firm with two men delivery.

 

This tank is huge remember:eek: and of course glass. I am sure they deliver thousands safely and they were lovely and I suppose for such a saving compared to other firms it has to be made somewhere to be fair on them. I just think I will have to wait till can get local firm to deliver another one when saved for it, so never mind.

 

Should get money back in a few days apparantly xx

 

I think when next time asked for my profession, I should say executive worrier, because thats all I seem to to, think need to go back on anxiety pills:D

[loopinlouie]

ps. They did say once I had signed the delivery notice the liability passes to me and as a poster said he would not let a person open the box till signed for I think I did the right thing.

[Kraken1]

They did say once I had signed the delivery notice the liability passes to me

 

Not true.

[loopinlouie]

Thats what I thought kracken, so incase of anyproblems and having to argue it wasnt my fault, I thought best to cancel. Its a little contradictory to say we are looking for obvious transport damage and smaller cracks we will understand cant be found till fill with water, but that the liability is mine according to them. I would have worried there was a potential battle if any problems, so not worth the potential hastle.

[loopinlouie]

Refund already received back in account, couldnt be more prompt if they tried:D Shame about the tank but have found it elsewhere ten pounds cheaper till friday and two men delivery, so alls well that ends well:D

 

If ever replace my birdies cage though, would use them xx