Damaged sign tray

[Tahsin Niyazi]

other defects in the Goods unless notified to the Seller, in writing, within 48 hours of receipt of the Goods by the Purchaser or where the defect would not be apparent on reasonable inspection within 1 month of delivery.

I bought it in and all edges were covered with hard cardboard so how far could I go with the reasonable inspection.

[Unknown Member]

I’m not sure I would be accepting that crap from the supplier. We produce sign trays for the trade and we send these out all over the country if we have one that turns up damaged its fair to say we would try and help the best we can not look for an easy way out.

I would push for them to fix this for you…it’s not fault at all mate!

[David Rogers]

The ‘inspect it in 24/48 hours or die’ wording is almost worthless when selling to the public (legally and simply put there to discourage bogus claims from damage incurred in the customer’s possession), but in business it carries a LITTLE more weight.

Under the Sale of Goods Act, the supplier has to supply goods in an undamaged state with a ‘repair, replace, refund’ option (in that order).

Now that said, " Where a commercial buyer takes delivery of goods and signs a delivery note stating that the goods have been “accepted” then it will be a question of fact whether the buyer has had a reasonable opportunity of examining those goods and legally accepted them. " Signing a delivery note to say ‘goods inspected’ when they are on a pallet, wrapped up in cardboard & bubblewrap is not ‘acceptance’ when the driver just want to do his job and leave.

What constitutes that "reasonable opportunity" is not fixed. Your supplier obviously feels that it is 48 hours, hard to accomplish if the delivery is taken in at 5pm on a Friday and your first chance to look at it, say, after a holiday Monday is more than 3 days later. You on the other hand feel that the time taken for you to open the package was ‘reasonable’ – that’s going to have to be negotiated between both parties or take to small claims…

to add, it could be argued that had there not been delays from the supplier you would have been in a position to accept and inspect the goods at the correct time. However, being several weeks late your schedule did not allow, nor should be reasonably expected to drop your current workload in favour of unwrapping and fully inspecting goods.

Dave

[Tahsin Niyazi]

James & David. Thanks for the advice I appreciate it.

I fully understand it can he a headache when couriers damage stuff but still when it does happen I’m always ready to replace orders without any arguments if it’s clearly genuine.

The parcel was delivered on Wednesday 22nd. Was meant to be a week before but as stated things changed when they didn’t have the panel connectors in and some other issues they had down paint shop. So the only time I did have to get started was yesterday to finish for the weekend. Now I have let down the client which expects his sign up over the weekend and out of pocket.

What they offered me was to buy again for a discounted price but I feel as that was a little unfair as I have already paid for a item that should of arrived correctly in the first place.

Upsetting also is i didn’t want to lose a supplier as my past order was fine and the trays are built to a good standard.

I’m going to try and push for a replacement but I think it’s going to get ugly 8(.

[Andy Thorne]

We do dozens of trays a week but to be honest have tried to keep this in the south east corner of the country (where we are based) just so we don’t have to put on carrier.
They are a nightmare for damaging stuff and so now (unless quite small) we always deliver door to door to ensure this sort of situation doesn’t arise in the first place.
Not a big help to you i’m afraid to say but if they value your customer I would expect them to do something to help you out. I know we would. Just threaten to take your business elsewhere but if it’s who I suspect it is then they won’t even give it a second thought. Good luck and hope you get the result you deserve.

[David Mitchell]

if they dont resolve it, a car body shop could fix it, or even perhaps try a PDR guy , there usually mobile.

[Tahsin Niyazi]

Thanks again guys for the advice much appreciated. I had to bite the bullet and accept the 50% off a replacement.

Andy as you guessed the threaten of business going elsewhere didn’t do anything hehe.

The good thing I can say is that it was lesson learnt. Next time I’m opening the package and checking within 48 seconds so I won’t have to worry about any 48 hour rules 8).

Thanks again. Tas

[Ewan Chrystal]

I learned that lesson too. Now i always open everything before signing

[Tahsin Niyazi]

8). I wish I wasn’t over the road from tuffnells. They deliver to me first and normally around 7:30am without letting me know what date the delivery will be. Annoying…..