Powercity

Ld12111990

Hi just looking for some advice,
I purchased a dishwasher from Powercity. It was due to be delivered 20/1/17, it was then said it would be the following day in which case I then had to take time off from work which was an inconvenience just to be there at short notice for the delivery.
The guys delivered the dishwasher on Saturday morning, dropped the new dishwasher when carrying it to the kitchen and the bottom of the appliance broke off
They then had to take it back and said it'll be another week,
I then arrived home to my kitchen flooded the following day as one of the delivery men took away the old dishwasher and failed to cap the pipe from the sink,
All kitchen flooded and cleaning products destroyed, wooden unit soaked with water damage.
I cannot speak to helpline as it is a call back service I got through to one guy this morning who was quite rude and said the delivery courier would need to assess the 'alleged damage'. I asked to speak to someone in a managerial or supervisory position he said quite simply 'Well no you can't because they're not in this building' and would not give me a phone no for a more senior person
My emails have been ignored all day nobody has called and the sink is still leaking as it is not capped,
Can anyone advise what can I do? Am I entitled to compensation for this?
Thanks
Louise

Atlantic Dawn

Did you pay for them to disconnect it? They state all items must be disconnected at time of delivery.

Home Delivery Includes the Removal of Your Old Appliances for Recycling
provided they are disconnected at the time of delivery.

http://www.powercity.ie/?action=deliveryq

Former Former

If they caused the leak, then yes, they are liable for the damage - assuming they were the ones who disconnected the old one?

Two question though, and they will definitely ask this:

If the delivery guy didn't close the connection, why did it take until the following day for you to realise it? Would this not have become apparent very quickly?

Secondly, why is it still leaking? Have you not closed the valve?

Ld12111990

Atlantic Dawn wrote: »

Did you pay for them to disconnect it? They state all items must be disconnected at time of delive

So I paid for dishwasher plus €50 delivery and also to pay €30 on the day of delivery to fitter who would install the new one and take away the old one.

Ld12111990

Former Former wrote: »

If they caused the leak, then yes, they are liable for the damage - assuming they were the ones who disconnected the old one?

Two question though, and they will definitely ask this:

If the delivery guy didn't close the connection, why did it take until the following day for you to realise it? Would this not have become apparent very quickly?

Secondly, why is it still leaking? Have you not closed the valve?

The delivery guy didn't close the connection, never mentioned anything and I only came to realise as I wasn't in the house after the delivery guys left until the following evening.

I've tried to cap it but don't know with what there's no parts left over

L1011

Its unlikely it had a cap, it is presumably either the standard washing machine fitting for the water feed in - in which case, connect the feed pipe and feed it back in to the sink; or its the drain input which is just filled with the drain pipe - I have an unused one under the sink which I stuffed with plastic to prevent leaking. Both are temporary hackjobs but will stop further damage.

Former Former

Ld12111990 wrote: »

The delivery guy didn't close the connection, never mentioned anything and I only came to realise as I wasn't in the house after the delivery guys left until the following evening.

I've tried to cap it but don't know with what there's no parts left over

OK. In the short term, there must be a tap or a valve somewhere. Follow the leaking hose/pipe back to where it joins the water supply (under the sink) and see if there is anything that you can turn off, might look like this:



You shouldn't need to cap it, there should be a valve somewhere.

Ld12111990

L1011 wrote: »

Its unlikely it had a cap, it is presumably either the standard washing machine fitting for the water feed in - in which case, connect the feed pipe and feed it back in to the sink; or its the drain input which is just filled with the drain pipe - I have an unused one under the sink which I stuffed with plastic to prevent leaking. Both are temporary hackjobs but will stop further damage.

Ok and once I've done a makeshift job on it what do I do next when they won't respond to emails etc.?

goldenhoarde

Ld12111990 wrote: »

Ok and once I've done a makeshift job on it what do I do next when they won't respond to emails etc.?

As the fitter you paid the 30 to do the fitting, this is who you need to chase but chances are he doesn't work for Power city so you might have been engaging direct with him.

Former Former

Ld12111990 wrote: »

Ok and once I've done a makeshift job on it what do I do next when they won't respond to emails etc.?

It's probably going to require patience, and lots of it.

Take photos of EVERYTHING.

I'm just reading your original post and they said the delivery courier would need to assess the damage - I'm not sure I'd accept that, how is he qualified to assess damage??

coylemj

goldenhoarde wrote: »

As the fitter you paid the 30 to do the fitting, this is who you need to chase but chances are he doesn't work for Power city so you might have been engaging direct with him.

+1 Legally this would appear to be the case. OP said that he handed over the €30 for the installation to the installer in person so technically there is no contract between Power City and the OP for the installation.

By not taking the money for the full delivery and installation, Power City have placed a distance between themselves and the installer. OP may have his work cut out getting any satisfaction here.

Former Former

coylemj wrote: »

+1 Legally this would appear to be the case. OP said that he handed over the €30 for the installation to the installer in person so technically there is no contract between Power City and the OP for the installation.

By not taking the money for the full delivery and installation, Power City have placed a distance between themselves and the installer. OP may have his work cut out getting any satisfaction here.

No, this is how Power City operate. The OP wasn't getting the driver to do a nixer, you book the service through them but you pay the guy in cash.

The contract is between the OP and Power City. How the money changes hands is irrelevant.

athtrasna

The key point is that Power City explicitly state that the old appliance must be disconnected as another poster has pointed out. The OP is claiming the disconnection caused the damage. If they had complied with the t&c then the appliance would already have been disconnected before power city arrived.

Former Former

athtrasna wrote: »

The key point is that Power City explicitly state that the old appliance must be disconnected as another poster has pointed out. The OP is claiming the disconnection caused the damage. If they had complied with the t&c then the appliance would already have been disconnected before power city arrived.

Then the guy should have refused to disconnect the old one. If he botched the job, then it's on them one way or the other.

coylemj

Former Former wrote: »

No, this is how Power City operate. The OP wasn't getting the driver to do a nixer, you book the service through them but you pay the guy in cash.

The contract is between the OP and Power City. How the money changes hands is irrelevant.

I'm not a lawyer and you probably aren't either but my understanding is that a consumer contract involves the delivery of a good or service for a 'consideration' which in layman's terms means a money payment.

So if the OP was to pay the installer €30 cash, the contract for installing the appliance was between him and the installer i.e. if Power City wasn't paid for the installation service, they are not a party to that contract.

But I'm confused here.... the OP said he paid €50 for delivery and was to pay €30 to the 'installer' to do the installation. Yet he is blaming 'one of the delivery men' for not capping the pipe and causing his kitchen to flood Was one of the delivery guys double-jobbing as an installer?

Former Former

coylemj wrote: »

I'm not a lawyer and you probably aren't either but my understanding is that a consumer contract involves the delivery of a good or service for a 'consideration' which in layman's terms means a money payment.

So if the OP was to pay the installer €30 cash, the contract for installing the appliance was between him and the installer i.e. if Power City wasn't paid for the installation service, they are not a party to that contract.

But I'm confused here.... the OP said he paid €50 for delivery and was to pay €30 to the 'installer' to do the installation. Yet he is blaming 'one of the delivery men' for not capping the pipe and causing his kitchen to flood Was one of the delivery guys double-jobbing as an installer?

I presume it was the same guys delivering and installing. A dishwasher is very easy to fit.

No, I'm not a lawyer, but for a contract to be formed, there has to be offer and acceptance.

Powercity.ie:

We Offer an Installation Service in Certain Delivery Areas.
Washers , Dishwashers €30.
....
The installation fee is payable to the installer on completion of the installation.

So they offer the service, they set the price, the OP accepts the offer. The contract is with Power City and they are liable if their employees caused the damage. I don't think it matters how the money changes hands.

coylemj

Former Former wrote: »

So they offer the service, they set the price, the OP accepts the offer. The contract is with Power City and they are liable if their employees caused the damage. I don't think it matters how the money changes hands.

You're correct there, if they say 'we offer an installation service' then that settles it.