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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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We paid sofas a chair and footstool in March 2015. We

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We paid for 2 sofas a chair and footstool in March 2015. We paid for the items and were advised they would be delivered by 22nd May. At the beginning of May they rang and said the booking slots were filling up and said they could deliver on the 16th. Not stating a month. I agreed to this delivery as I was out at the time. When I checked this I found it was a Saturday. I checked and they said the delivery was 16th June. We found out from the store they were short of material. They delivered on 16th June and the first two items that came off the lorry were damaged so my husband refused the delivery. He rang the company and they said we should have taken photos and they would get back to us within 48 hours. We are now being advised they will deduct 30 percent of 2 items which were not checked. They advised we should have accepted them damaged and they would come and repair them. We have also been advised we should have read the small print in the handbook. Is it correct that we should accept new furniture as damaged and then have it repaired
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Under the Sale of Goods Act 1979 you have an implied term that all goods delivered are of reasonable quality this includes being free of minor defects and damage. See Section 14.
The remedy for this is contained in Section 48B you are entitled to have the goods repaired or replaced. You were not required to accept delivery of them as damaged.
I would write to the company and say the following:
- Say that there is an implied condition under S.14 of the SOGA that the goods should be of reasonable quality and free of defects;
- Say you are entitled by law to demand a replacement and there was no obligation on you to accept delivery of damaged goods;
- If they do not replace them within 7 days you reserve the right to complain to Trading Standards - www.tradingstandards.uk/
- (If you want to raise this it is up to You) I would also deny that you are liable to pay 30% of the items - any attempt to chase you for this money willl be deemed as harassment under S.40 of the Administration of Justice Act 1970.
If you paid for this on a credit card you can claim a refund for the goods potentially under S.75 of the Consumer Credit Act.
If they still will not contemplate delivering undamaged good or refunding you, you can consider county court action - https://www.moneyclaim.gov.uk/
I look forward to hearing from you.
kind regards
AJ
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