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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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i bought a hardtop for my car, i was told to inspect the goods

Resolved Question:

i bought a hardtop for my car, i was told to inspect the goods by the company i bought it from by email. it was delivered to me and the delivery driver told me i had 3 days to inspect the goods for any damage and handed me a receipt which i signed. the delivery driver left and did not wait for me to inspect my goods. I reported the goods as damaged straight away to the company i bought it from. they asked me to send pictures which i did.
They are saying because i signed the receipt there is nothing they can do. as they emailed me about inspecting the goods before signing for it.
they told me they could replace the door at cost.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

How much did you pay for the hardtop please?
Customer: replied 3 years ago.

£1,300

Expert:  Jo C. replied 3 years ago.
Thanks.

Whats the nature of the damage?
Customer: replied 3 years ago.

The back door/window is shattered

Expert:  Jo C. replied 3 years ago.
I see.

And, as far you know, it was like that upon delivery?
Customer: replied 3 years ago.

yes i inspected it as soon as i could however the delivery driver told me i had 3 days to inspect for damage and handed me the receipt to sign which i did. he did not wait for me to inspect my goods i checked the goods when he left. the driver misinformed me about having 3 days to check my goods.

Expert:  Jo C. replied 3 years ago.
Thank you.

I wouldn't worry about what they say. It is a good idea when you sign for anything in these circumstances to write the words "uninspected" in the margin. However the fact that you have not done that is not fatal.

Under the sale of goods act there is a presumption that any fault that is in existence within six months of sale was there at the time of sale. The point that they are making here is really an evidential one because they say that if this damage had existed then you would have reported it immediately.

In fact, if you went to court they would have the burden of proof although only on the civil standard to show that this fault must have been caused after they delivered and they probably will rely upon the delivery note. If you can convince a court that it's more likely than not that it did exist and you just didn't inspect it until the time that you complained then you will succeed.

This is a small claims court sum and so it will be cheap and quick to issue against them. You can do so here

www.moneyclaim.gov.uk

You should really send them a letter before action though warning of your intention to sue if they do not pay within 28 days.

Can I clarify anything for you?

Jo
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