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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Afternoon, we do sub-contract work a glazing company doing

Customer Question

Afternoon, we do sub-contract work a glazing company doing internal glazing, we had a delivery of glass, 40 individual panels last week wednesday, one of my workers accepted the goods but due to the nature of offloading glass its not always possible to thoroughly check each individual panel, our client told the manufacturer the next day that some of the panels are faulty which were only discovered before installation but the manufacturer said we signed for it so not their problem, any advice on this as i noticed that the sale of goods act 1974 said you must have reasonable time to check the goods?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 2 years ago.

What is the law on returning goods thats been signed for but after thorough inspection turned out to be damaged

Expert:  Jo C. replied 2 years ago.
Well, its a question of fact.

The Sale of Goods Act says that there is a presumption that any fault discovered within the first six months of sale existed at the time of sale and so is covered unless the seller can prove otherwise.

The point they are making is that they say that this is such an obvious fault that it would have been noticeable immediately and also that the signature confirms that somebody did inspect it and did not complain tending to suggest that nothing was there.

If you can account for why this might have been missed and so satisfy the court that it did not happen whilst in your custody and control then the SGA will cover you.

In fairness, a lot of business really just sign these things to confirm that they have received a deliver rather than to confirm that everything has been inspected but whether that would succeed here is another matter.

Hope this helps. Please let me know if you need more information.

Jo

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