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Damaged Item help needed quickly

  • 25-05-2011 10:10pm
    #1
    [Deleted User]
    Posts: 0 ✭


    Hoping for some quick advice for anyone in the know!

    I bought a small machine from a company in Belfast just over a year ago, it never worked right and I had trouble from day 1 with it and could never rely on it to work. Worth approx €1500 I was constantly on to the guy who sold it to me and eventually he said that he would take it back and give it a service for free.

    It was taken back to him by courier and then couriered back to me 2 days ago. On opening it this evening I see the machine has been bent and dented, gauges on the machine bent, rusty water in the moisture cups and in general it looks like it has been given a kicking, I haven't even tried to use it as I'm so angry at the moment. I even paid for the service which he promised would be free (foolishly I know but I didn't mind when I thought it would be sorted) It was well wrapped up in bubble wrap and styrofoam when it came back so I can only assume that it didn't happen during the journey.

    I'm going to talk to the guy from the company in question tomorrow morning very early and I would like to know where I stand, if he blames the courier do I have to chase them up or can I insist that he do that? If he takes responsibility for the damage on his end is he required to pay for any damage caused to the machine or replace the machine? If he decided to be completely unreasonable would I be unwise to mention that I would go to the small claims court?

    Any help on my entitlements or what way I should deal with this before tomorrow morning would be greatly appreciated as I really feel taken advantage of here. Thank you..


Comments

  • #2
    ArtyM
    Registered Users, Registered Users 2 Posts: 1,880 ✭✭✭ArtyM


    What proof do you have to back up the points you have listed i.e.
    Proof that it never worked properly - emails/letters sent and received
    Evidence of the condition of the item before you sent it - photos etc
    Warranty documents outlining terms and conditions
    Repair report - is any mention made of the damage you mention?
    Packaging - any sign of damage/water
    I think the strength of any claim/recourse you have will depend on this.


  • #3
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    ArtyM wrote: »
    What proof do you have to back up the points you have listed i.e.
    Proof that it never worked properly - emails/letters sent and received
    Evidence of the condition of the item before you sent it - photos etc
    Warranty documents outlining terms and conditions
    Repair report - is any mention made of the damage you mention?
    Packaging - any sign of damage/water
    I think the strength of any claim/recourse you have will depend on this.

    I have made numerous phonecalls to the salesman over the past year about the item being unreliable which he acknowledges but no proof other than that.
    The salesman accepts that the item was in perfect working order when it was recieved by them and claims it was in perfect working order when he packaged it to send it back.
    I have cannot find the warranty documents but do have a reciept of purchase.

    He is claiming it is the fault of the courier and says he will take it back and repair it. Am I entitled to ask for a replacement or do I have to accept his offer of a repair?


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