Do I have any rights here?

Puteq

just wondering what peoples thoughts are on this one, cos i cant really find a specific section in the sticky or from google on it.

I am currently building a house (self-build), and around 5 weeks ago a bath was delivered. I was not on-site when it was delivered but other workpeople were (well, the painter who is my cousin, and my father the plasterer). just opened it yesterday to find a chip was broken off the bath, got back to the seller, they tell me that their delivery guy checks all baths he delivers, and would've noticed any damage. Thing is, even though i was not there i believe the delivery guy must've checked it cos it was wrapped in shrink-wrap, with 'checked OK' written on it with marker. however i am 100% certain the damage couldntve happened on site, cos other than the painter we had almost nobody else in the house since (yes we are very slow, the house has been 5 years in the making!). The chip is small enough so i wonder did he not notice, or maybe not care?

The seller tells me that since 5 weeks has passed, and the fact that he claims his delivery guy checks everything, he is going to hold me liable for the cost of repair (400 quid). I am unhappy because it is essentially his word against mine and yes i know i shouldve checked the delivery but i trusted it was OK, silly me :-( I really am sure no damage happened on site cos there was hardly anyone on site.

do i have any other option here but to pony up the cash and be more paranoid about everything in future? Thanks for reading

craichoe

Puteq wrote: »

just wondering what peoples thoughts are on this one, cos i cant really find a specific section in the sticky or from google on it.

I am currently building a house (self-build), and around 5 weeks ago a bath was delivered. I was not on-site when it was delivered but other workpeople were (well, the painter who is my cousin, and my father the plasterer). just opened it yesterday to find a chip was broken off the bath, got back to the seller, they tell me that their delivery guy checks all baths he delivers, and would've noticed any damage. Thing is, even though i was not there i believe the delivery guy must've checked it cos it was wrapped in shrink-wrap, with 'checked OK' written on it with marker. however i am 100% certain the damage couldntve happened on site, cos other than the painter we had almost nobody else in the house since (yes we are very slow, the house has been 5 years in the making!). The chip is small enough so i wonder did he not notice, or maybe not care?

The seller tells me that since 5 weeks has passed, and the fact that he claims his delivery guy checks everything, he is going to hold me liable for the cost of repair (400 quid). I am unhappy because it is essentially his word against mine and yes i know i shouldve checked the delivery but i trusted it was OK, silly me :-( I really am sure no damage happened on site cos there was hardly anyone on site.

do i have any other option here but to pony up the cash and be more paranoid about everything in future? Thanks for reading

Happens all the time, no way of proving it and the goods were signed for when it was delivered.

jor el

Puteq wrote: »

The seller tells me that since 5 weeks has passed, and the fact that he claims his delivery guy checks everything, he is going to hold me liable for the cost of repair (400 quid).

He's holding you liable? Have you had it repaired then?

I think you already have your answer anyway. You didn't check it when it arrived, and since it's been weeks, the seller has no option but to assume it was delivered in perfect condition, and that you caused the damage afterwards. Any damage on delivery should be notified of ASAP, otherwise the receiver can be held responsible.

sunnysoutheast

Unfortunately I don't think you'll get anywhere, lease of all because you've waited five weeks since it was delivered.

Did nobody check it at all? Did the delivery man open it, check it, and then reseal it again or just check no damage to packaging?

The only way you could come out of this with anything would be goodwill from the supplier if you're planning on buying anything else from them.

€400 seems an awful lot of money to repair a small chip in a bath?

SSE

Puteq

sunnysoutheast wrote: »

€400 seems an awful lot of money to repair a small chip in a bath?

Yeah, it is one of those fancy baths with whirlpool jets, and they were talking about taking it away, removing the jets from the bath and putting them into a new one. cost of bath and carriage to Dublin from Galway = €400

However upon closer inspection, the damage is only to the acrylic veneer (not the bath itself), and only at the top of the bath so its more cosmetic, i think i'll just try and get it repaired rather than changing the entire bath. I dont suppose anyone knows someone or some company that could do this in the Galway area :-P

derry

You should look at the small claims court

you pay 6 euros

The limit to claims is 1200 euros or something like that
Small claims court have such a high rate of success most supliers dont even fight the case and give up and might replace the bath

derry