how do my consumer rights figure in this?

how do my consumer rights figure in this?

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Discussion

texaxile

Original Poster:

3,386 posts

156 months

Sunday 19th August 2012
quotequote all
Hi,
I recently enquired about a new windscreen for my colt. as they're no longer available in the UK it's going to have to be a special import from Mitsubishi Japan. I have been told by the (very helpful)Parts man that they have to be paid for in full upon ordering, and if the screen turns up broken then I have no recourse in getting my money back. Essentially it's a game of chance. I have ordered stuff before and paid in advance, but none of it has been breakable per se, and I've not been told about this "breakage rule" before either (but in truth it hasn't actually applied to the stuff I ordered).
Now, going on hearsay, the screens don't actually come packaged very well, so there's every chance it could turn up in bits.

To be honest I'm not sure what my rights are on this. The parts guy says thats the rules - as much as he would like to, he can't really do anything about it. Not wanting to sour what is a good relationship to one of my few sources of tough to find bits, not to mention the time they spend looking for the vague stuff I've needed in the past, I'm reluctant to go in and start arguing with the manager over it.

I always had it on the understanding that goods need to be fit for the purpose they're designed for, and a broken screen during transit obviously isn't, until I've taken posession for it, are they not still responsible for delivering it in a useable condition? - after all, I've no control over how it is packaged or indeed the condition of the goods when they leave the factory.

Enquiring minds need to know.

David87

6,771 posts

218 months

Sunday 19th August 2012
quotequote all
Seems a bit odd!

You could always just remove the screen and pretend it's an Ariel Atom. HTH.

Vulgar LS2

1,785 posts

189 months

Sunday 19th August 2012
quotequote all

Can you not insure it through the courier?

touching cloth

11,706 posts

245 months

Sunday 19th August 2012
quotequote all
Sounds pretty sneaky to me, however as you say you have an interest in not souring the relationship. Can you pay on a credit card and openly explain that you are doing so to be covered by the insurance aspect of that. If the worst happens persue through the card company....if they then decide the company can't sidestep their responsibility and reclaim the funds, then its between them to thrash out and not you.

v8will

3,306 posts

202 months

Sunday 19th August 2012
quotequote all
The screen should be covered under standard transit liability from the courier and you should not be expected to stand over it personally until you accept delivery from the dealer.

Well that's my understanding anyway.

edit: payment by credit card would be a very good move as suggested

texaxile

Original Poster:

3,386 posts

156 months

Sunday 19th August 2012
quotequote all
Hi,
good point, Seems like CC is the way to go. The screens are £110 plus VAT (ish) - I did think of ordering 2 because I could easily sell one on the MLR should I need to. It's just the though of the risk, and also the odd approach by Mitsi on their parts supplies!.

however, is it actually legally correct what they are saying?.

v8will

3,306 posts

202 months

Sunday 19th August 2012
quotequote all
I think perhaps the dealer has gotten caught out before, special order arrived damaged and then courier claim rejected for some reason (or incorrectly lodged) and they've had to carry the can so to speak.