machine washing arrived damaged

Brown.Eyed.Girl

Hi

I brought a washing machine from a electrical retailer. When the washing machine was delivered to me by the retailer it was damaged. I've been arguing with the store over the phone about this all morning.

I know the store is at fault and responsible for the washing machine. Can anyone here tell me what section of the sale of goods acts says the retailer is responsible for goods while they are in transit? I want to print it out and show it to the salesperson I dealt with. It's like 300 pages to print out the whole thing. :mad:

Thanks for your help.

foggy_lad

Brown.Eyed.Girl wrote: »

Hi

I brought a washing machine from a electrical retailer. When the washing machine was delivered to me by the retailer it was damaged. I've been arguing with the store over the phone about this all morning.

I know the store is at fault and responsible for the washing machine. Can anyone here tell me what section of the sale of goods acts says the retailer is responsible for goods while they are in transit? I want to print it out and show it to the salesperson I dealt with. It's like 300 pages to print out the whole thing. :mad:

Thanks for your help.

They delivered it and are responsible for that delivery even if you had to pay for the delivery. stick it into a car or van and bring it back to the shop if you can or else go in and don't leave without a refund and let them arrange collection of the damaged machine at their convenience.

chances are they knew this was damaged and sent it out hoping to con the customer into accepting it.

dudara

Did you refuse delivery, or did you accept the washing machine?

Did you organise, or did they?

Title to the machine can transfer at different points - at the point of purchase, at the point of dispatch or at the point of receipt. However, if they organised/provided the delivery service, then they are responsible for the safe carriage of the machine.

whippet

foggy_lad wrote: »

chances are they knew this was damaged and sent it out hoping to con the customer into accepting it.

I know you are generally very anti-retailler / big business but that is a massive assumption to make.

OP .. I would advise against bringing the machine back to the store - once you move it you are leaving yourself open to being blamed for the damage.

If you get no joy on the phone, write a letter to the store (hand deliver it if you have to along with a copy in the post) - include photos etc .. give until close of business tomorrow to come to a satisfactory conclusion and if not open a case with the Small Claims court .. be sure to mention this course of action in the letter.

If they are still disputing they will have to explain to the judge why.

Brown.Eyed.Girl

Thanks for all your replies so far.


I accepted the washing machine, but I didn't realise it was damaged until I took the plastic wrapping off it and noticed a large dent that prevents me from opening the machine (this was a few minutes after the driver had driven off).

The shop is blaming the currier which is why I'd like to know which section of the sales of goods act this is covered on so i can print it out and wave it in their faces.

SCOOP 64

its still not your problem even if it were the courier who cause the damage,
surprised the retailer is making a issue of it.

SpaceTime

It's definitely not your problem and the machine will be very obviously damaged in transit based on the type of damage you're describing.
It's unlikely that you slipped and fell against it leaving a huge dent in the front!

Do not try to return the machine to the store yourself as you might find they'll accuse you of damaging it then. As you'll be unlikely to be able to deliver it an appropriate manner using the right equipment to pack and lift it without causing damage.

I would make a complaint to them in writing, with photographs and deliver it by registered post to the shop's manager.

Keep a copy of the letter, and track it online obtaining the POD (proof of delivery) which will usually give you the signature of the person who accepted it.

Keep the pressure on for a while and if you get nowhere, you may have to go through a Small Claims Court process.

I would point out in the letter, that you intend to go to the small claims court if this is not resolved a.s.a.p.

Also:

Also, I think it's always a good idea to specify time limits for responses.
So, for example: I look forward to your response within 5 working days.

If this is not resolved within 30 days, I will be commencing the Small Claims Court process etc.

Main tips are :

1) Stay calm.
2) Stay cool and collected and do not get visibly angry just be very firm.
3) Communicate in writing and if you must communicate by phone, keep notes and send them a summary of what was agreed in writing.

The other tip would be to contact the manufacturer directly and explain how disgusted you are. They won't have a duty of care to you and are unlikely to be able to directly resolve it, but they can sometimes lift a phone and put a serious amount of pressure on if the retailer wants to maintain a reselling agreement with them. A lot of them (particularly higher end brands) have quite high expectations of distributors.

SpaceTime

One other thought:

Did you by any chance by it on your credit card (not debit card) ?

If, so you might be able to do a charge back as the goods were delivered damaged. Contact your credit card issuer.

Tippex

SpaceTime wrote: »

One other thought:

Did you by any chance by it on your credit card (not debit card) ?

If, so you might be able to do a charge back as the goods were delivered damaged. Contact your credit card issuer.

Do not do this until you have exhausted all avenues with the retailer....

SpaceTime

Tippex wrote: »

Do not do this until you have exhausted all avenues with the retailer....

Yeah, obviously give them about 30 days to respond, but if they're totally unhelpful this might be one option other than Small Claims.

Bepolite

Exhausting all avenues can take 5 minutes, there is no requirement to wait anything like 30 days. 24 hours perhaps.

Don't be afraid to get your bank involved, it's not going to cost you anything and at least you've registered an issue with them.

SpaceTime

I would start by asking them to please remove the badly damaged machine they've left in your house and deliver the undamaged one you actually ordered.

After that letter to manager by registered post and call to the shop the following day to discuss it.

If that gets you nowhere.

Threaten charge back and small claims.

The shop's transport company is none of your concern. The contract is simple : you paid money they deliver a washing machine.

If they dropped it en route, that's not your problem.

Polite but firm and business like is the only way.

In the meantime do not do anything to the machine.

daheff

SpaceTime wrote: »

One other thought:

Did you by any chance by it on your credit card (not debit card) ?

If, so you might be able to do a charge back as the goods were delivered damaged. Contact your credit card issuer.

Tippex wrote: »

Do not do this until you have exhausted all avenues with the retailer....

I disagree...kind of. Ring the card company and let them know whats happened. Let them know that you will request them to issue a chargeback if you get no joy from the retailer. Make sure you get them to register this onto your account (as you only have 180 days from date of sale to request a chargeback). Also get the person's name that you talk to.

hopefully it wont go that far.

I had a similar issue when i bought a fridge from Powercity. Fridge came, once I took off the wrapping it was only then obvious that there was a huge dent in the fridge door. In fairness to Powercity when I rang they straight away organised for a replacement to come out.

Tippex

Any update OP?

Miss Mayhem

Section 20 of the Sales of Goods and Supply of Services Act, 1980

Ownership of the goods doesn't pass from the seller to the buyer until they are delivered and inspected by the customer. Any damages that happen in transit are the responsibility of the seller.

GIMP

Similar issue had washing machine delivered from Powercity with a leaky water hose. I rang the manufacturer directly and got a repair man out to fix it. He did a visual inspection and advised as the machine was less than 28 days old I was entitled to a new one, he signed a form that effect. I went back to shop and showed them my repair form, a new machine was delivered the next day no questions asked and damaged one collected.

marshmallowx

I had a similar problem, dishwasher arrived, I asked delivery man to wait while I took packaging off and discovered a massive dent in bottom of it, it didn't stop it from working properly but I asked for another in perfect condition as I had paid for one without a dent...delivery man advised to contact the shop which I did only to be told it wasn't their problem!!! I asked for money back and they advised it was still 'of merchantable quality' as it worked and refused a refund! I asked for a replacement and they again basically told me to sod off. I contacted the consumer information services and they advised that while I was entitled to a replacement it was at the discretion of the shop when I would receive it!!! They told me the shop had up to 5 years to replace the item!! Well I wasn't going to accept that and bombarded the shop with calls, they did replace it after a month, with another dented machine!!!! Well needless to say they got sick of my calls and letters after a few weeks and gave me one in perfect condition, (as I had ordered and paid for mind you) but you expect to get what you pay for so I feel I was completely in the right. Just goes to show consumer rights in this country.....

SpaceTime

I would take that to Small claims Court. Who said that was of merchantable quality? Only really a court could make that particular decision...

Damaged goods are damaged goods and the courts here tend to give those kinds of excuses rather short shrift.

moxin

The OP never mentioned the timeframe but what happened to the 7 day cooling off period you're entitled to? If within the 7 day period, i'd have thought that the retailer had an obligation to replace the washing machine straightaway.(they'd probably take it up with the courier which doesn't involve you)

cali_eire

GIMP wrote: »

Similar issue had washing machine delivered from Powercity with a leaky water hose. I rang the manufacturer directly and got a repair man out to fix it. He did a visual inspection and advised as the machine was less than 28 days old I was entitled to a new one, he signed a form that effect. I went back to shop and showed them my repair form, a new machine was delivered the next day no questions asked and damaged one collected.

I also got a damaged washing machine delivered from Power City that I didnt realize was dented till the delivery person left and I took off the packaging. Power City were super apologetic when I called and had a replacement delivered promptly within a couple days. I was very impressed.

dudara

moxin wrote: »

The OP never mentioned the timeframe but what happened to the 7 day cooling off period you're entitled to? If within the 7 day period, i'd have thought that the retailer had an obligation to replace the washing machine straightaway.(they'd probably take it up with the courier which doesn't involve you)

I think that cooling off periods apply only to (a) goods purchased by distance selling or (b) credit arrangements.

moxin

dudara wrote: »

I think that cooling off periods apply only to (a) goods purchased by distance selling or (b) credit arrangements.

I see, one seems to be more rights buying online and you live far away from the store:)
http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/consumers_and_the_law_in_ireland.html

If you have a problem with an item that you have bought it is always the seller who should put things right. As a general rule, the seller can either repair or replace the item. Alternatively, they can refund the costs of the item or service to the consumer.

http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/distance_selling.html

skinny90

is it just me or does this not a bit silly, The company involved should have dealt with this accordingly and sorted out the customer.
OP regardless of whether or not the product was a) delivered by the company b) couriered out on behalf of the said company c) taken away by the customer
the company is still responsible for the condition of the product. They have absolutely no proof to say you damaged the product if they have a good understanding SOGA they should replace or refund you the monies. They don't have a leg to stand on should you proceed to the scc.
Even if you where transporting the product yourself unless they opened the product for you to inspect the liability falls back on them.

SpaceTime

Honestly, if they're being that unhelpful, they're not worth stressing over. Just go to the Small Claims Court.

My experience of electrical retailers is that they'd be a lot more helpful!

slimjimmc

moxin wrote: »

I see, one seems to be more rights buying online and you live far away from the store:)
http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/consumers_and_the_law_in_ireland.html

http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/distance_selling.html

Other than the cooling off period there's no difference. The cooling off period in distance selling is really only there because with distance selling it's normally not possible to inspect the goods before buying. While you can return to goods and get refund without giving any reason the consumer can be liable for the return costs if the seller so wishes.

Tippex

any progress on this OP?