Damaged on Delivery but delayed opening it

EScifo

Hi,

I was just wondering on what my rights were for the following situation

Did not open delivered goods for two weeks after it was delivered and found it was broken. company claims that they are not liable as it should have been checked within a week of delivery.

I bought a sink (the stand alone cupboard type) from a website in the UK. I paid for it immediately and hoped to get it in about 2 weeks as I had builders/plumbers working on my bathroom. After two weeks with no sign of delivery I started trying to contact the website to find out when the sink would be delivered. After about a month the company (I was very close to cancelling the payment on my credit card) owner eventually replied saying that she had an emergency medical issue and had to go to hospital and that she would deliver it immediately. Fair enough, I said but the problem now was that the plumber was no longer immediately available to install the sink.

The sink eventually arrived about two months after I had paid for it. I was delivered upside down (with the feet pointing upwards). Three of the feet were knocked off but I thought at this stage I would just glue them on. I didn't open it as it was very heavy - marble table top and I had no way of getting it upstairs to the bathroom as my wife is pregnant. The packaging did not seem to be well designed to protect the feet that stuck out but it seemed to be okay for the box shape of the rest of the sink. Anyway, it took two weeks to get the plumber over to install the sink and when he opened it, the marble was cracked and chipped on the edge.

I immediately contacted the website and they said because I had not contacted them within a week of delivery that they were not liable for the damage. It was not properly packaged being only cardboard and bubble wrap. What are my rights in this situation?

thanks!

whippet

you are in a bit of a tricky situation.

As you didn't inspect the package on delivery (or shortly afterwards) your position becomes weaker.

While I belive you, I can see how a supplier would be sceptical as to your claims.

a report of damage after two weeks could be seen as damage caused when you went to install it, move it up stairs etc ....

As you can do is plead with the better nature of the company and see if they will accomodate you.

A lesson learned, when possible always check each and every delivery you recieve and you can sign the delivery dockets accordingly, .. as in 'Item Missing', 'Item Damaged', 'Package Unchecked' etc...

More than likely the delivery note you signed had something along the lines of 'Recieved in good condition and in full' beside where you signed your name.

Del2005

whippet wrote: »

you are in a bit of a tricky situation.

As you didn't inspect the package on delivery (or shortly afterwards) your position becomes weaker.

While I belive you, I can see how a supplier would be sceptical as to your claims.

a report of damage after two weeks could be seen as damage caused when you went to install it, move it up stairs etc ....

As you can do is plead with the better nature of the company and see if they will accomodate you.

A lesson learned, when possible always check each and every delivery you recieve and you can sign the delivery dockets accordingly, .. as in 'Item Missing', 'Item Damaged', 'Package Unchecked' etc...

More than likely the delivery note you signed had something along the lines of 'Recieved in good condition and in full' beside where you signed your name.

+1

OP you should have at least added a comment to the delivery docket that the feet had been knocked off. Now it just looks like you broke it and are chancing your arm.

If you've paid by CC you may have protection/insurance on that. Contact your CC company and you may get something back. The seller has done as contracted, you unfortunately didn't check the item on delivery.