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neile

Advice needed for damaged goods that have been signed for

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Hi. I have a problem with a new TV that I ordered over the phone on my debit card. The TV was delivered in timely fashion, and was signed for by my mother who was babysitting at the time.

 

Unfortunately, she didnt spot the slight damage to the box, which upon unpacking by me later in the day revealed that the screen was smashed!

 

The distributor is claiming that we have accepted the item by signing for it and are relying upon a notice affixed to the packaging stating that once it has been signed for it is accepted.

 

Now I am no expert in these things, but having had a good read of the Sale of Goods act, particularly sections 34 and 35, along with the Unfair terms in consumer contracts regulations, I believe that I should be granted a 'reasonable' time to inspect the goods before they are deemed as accepted. It also seems to state that "the buyer cannot lose his right to rely of the subsection 2 (ie the clause above) by agreement, waiver or otherwise.

 

Coupled with this, in the unfair terms regulations, it states that a term is unfair if it has not been individually negotiated and drafted in advance. And given that the notice is stuck to the side of the box, which I was not aware of until I had received the TV, I cannot see how it is strictly legal.

 

Having read various posts on similar subjects, it appears that a lot of traders impose T&C's that are not strictly enforceable as they do not comply with the Sale of Goods Act.

 

Any advice?

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Whether you signed for it is pretty much irrelevant, for the reasons you have already discovered, and the retailer should be the party you pursue rather than the delivery company.


Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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