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Are you compelled to accept damaged goods?

  • 08-08-2023 12:53pm
    #1
    Registered Users, Registered Users 2 Posts: 558 ✭✭✭


    If you ordered something large, like a fridge, and when the delivery arrived to your address, you could see visible damage.

    Can you just point blank refuse to accept the delivery?

    or are you compelled to take the damaged goods, then commence the RMA process?

    Bearing in mind the delivery person would no doubt be outraged at your refusal and may end up abandoning the item at your front door.



Comments

  • Registered Users, Registered Users 2 Posts: 2,821 ✭✭✭Xcellor


    I'd be concerned about traceability if you don't accept the delivery - it going back to a warehouse and just getting lost so while you are probably entitled to tell them to take it back it might end up creating a headache later.



  • Registered Users, Registered Users 2 Posts: 1,708 ✭✭✭allybhoy


    Happened to me before... received delivery of a large american style chrome fridge from a well known electrical retailer, when they pushed it into the kitchen and started to unbox, i noticed one of the sides had a large noticeable scrape on it. Told the delivery driver straight away that i wasnt accepting delivery, he tried to talk me around saying ah contact them and they will collect but i refused and ultimately he took it back. Was waiting a week or so then for it to be redelivered



  • Registered Users, Registered Users 2 Posts: 558 ✭✭✭Gussoe


    My guess is that no, you're not compelled to accept damaged goods.

    Accepting the damaged goods may result in a cost for the buyer.

    1)Has to spend the time and effort on the RMA process

    2) May have to pay the full cost or partial cost of returning the item

    IMO, a unscrupulous person/business could exploit this by intentionally issuing damaged goods, having created an RMA process whereby the consumer has to pay a portion of something, like a re-stocking fee.



  • Registered Users, Registered Users 2 Posts: 792 ✭✭✭Yeah Right


    If you ordered something large, like a fridge, and when the delivery arrived to your address, you could see visible damage.

    Size doesn't matter, nor price. If you buy it then it's covered under the Sale of goods and services act. If it's damaged, you are not obliged to accept it at all. The product belongs to the retailer until you accept delivery. If you accept and the driver says the product was fine when he delivered it, you could be stuck with the faulty product.

    Can you just point blank refuse to accept the delivery?

    Yes, and you should for the above reasons.

    or are you compelled to take the damaged goods, then commence the RMA process?

    Nope. You can (and should) refuse.

    Bearing in mind the delivery person would no doubt be outraged at your refusal and may end up abandoning the item at your front door.

    If that happens, I'd be ringing Harvey Norman and telling them their "delivery guy left their product in my garden and it's getting ruined in the rain. If you don't remove it before X date, I'll be getting it disposed of and charging you for the removal"



  • Registered Users, Registered Users 2 Posts: 792 ✭✭✭Yeah Right


    Not your problem. If it cannot be traced, that's their issue. Until you've been handed a fully functional product to your satisfaction, their end of the contract hasn't been fulfilled. You are entitled to a full refund, including postage and shipping, until you have accepted delivery.


    https://thecai.ie/your-rights/your-rights/deliveries/



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  • Registered Users, Registered Users 2 Posts: 6,373 ✭✭✭iwillhtfu


    Perfectly entitled to and should refuse the delivery. The drivers usually kick up a fuss if they've a full lorry or at the start of their run as they'll have to work around the item you didn't take but that's not your problem.



  • Registered Users, Registered Users 2 Posts: 12,417 ✭✭✭✭the_amazing_raisin


    One time we ordered an appliance and noticed after delivery that the packaging was visibly damaged and there was a big dent in the appliance

    Took photos before we started unpacking and then just took off enough to confirm the appliances was damaged and get pictures

    Part of the issue is it's difficult to tell if just the packaging is damaged or if it's through the the appliance without accepting delivery

    To be fair to the seller, they accepted the item was damaged upon delivery without any arguments and got a new one out to us the next day and took away the damaged one

    It might have been easier to refuse the delivery but we didn't really notice how bad the packaging was damaged until the delivery was completed, and as I said it can be difficult to tell if the appliance underneath is damaged too

    "The internet never fails to misremember" - Sebastian Ruiz, aka Frost



  • Registered Users, Registered Users 2 Posts: 30,275 ✭✭✭✭AndrewJRenko


    If you’re not prepared to accept, then send it back, refuse to sign for the delivery. There’s no guarantee that you’ll get an alternative.



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