Damaged Sink

[OOCH]

Hello,

I ordered a sink online that got delivered while I was out. I opened the box and had a quick look and everything looked fine so I stored it in my garage for a month until my kitchen was about to be done. I unpacked it properly this weekend and noticed it has been bent out of proportion at one end but this was hidden by the polystyrene packaging. I've contacted the retailer but they said they can't do anything because I didn't inspect it and inform them within 14 days. I've had a look at consumer rights act which seems to say that I have 6 months to get a replacement if the goods aren't of satisfactory standard. Does anybody know who is right?

Thanks, OOCH

[OOCH]

Yes mate

[OOCH]

Thanks for that, I'll give that a go. The company are RTD - Retail Trade and Domestic.

[OOCH]

Yeah, I'd expect them to try it on. I just hope they don't try to drag it out too long

[OOCH]

V8RX7 said:

If it is damaged then they could reasonably suggest that has happened during your storage - if you sold an item and the seller told you 6 months later that it was damaged what would you say ?

If it is a manufacturing defect then you are correct that you have at least 6 months - usually far longer.

They did try and suggest just that so I looked at the consumer goods act and it states that the seller must prove that the damage occurred after it was delivered within the first 6 months. After 6 months then the burden of proof is on myself to prove I didn't. I don't know how they could prove I damaged the sink (as i didn't) but I'm happy for them to do any sort of investigation they see fit. It's not a manufacturing defect, It looks as though it's been dropped from the top of a storage rack or something to bend it as much as it has.

[OOCH]

FurtiveFreddy said:

The only way they could prove it would be if they took photos of the sink when they delivered it, the same way AO does now with white goods deliveries.
Otherwise, they have to comply with the Sale of Goods Act 1979 and replace it (or refund if they can't replace), as they won't be able to prove it wasn't damaged during storage or transit.

If you get to the point where you need to threaten them with legal action I can forward you the letter I sent for my sink.

Thanks for that, it looks like it's heading that way as they never replied to me yesterday. I'll send them another mail asking if they have thought about what I asked and if I don't get a response I'll threaten them with legal action.

[OOCH]

V8RX7 said:

Or get you to sign for the Courier that it's in good condition and give you 24hrs / 14 days to inspect it.

I've had 3 AO deliveries of white goods in recent months - no pictures were taken and the last two, the boxes weren't opened at the time of delivery as I was taking them elsewhere.

I thought the SOGA was superceeded by Consumer Rights Act 2015

Except by your signature.

They left the parcel in my porch so I never got to sign for it. The SOGA has been superceeded by the consumer rights act but it says the same thing; Goods must be of satisfactory quality including freedom from minor defects. If it is established that the goods did not conform on the day of delivery then you are entitled to an immediate refund within the first 14 days or repair/replacement within the first 6 months if you don't make a claim in the first 14 days. I just want the replacement.