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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47418
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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If goods delivered by a wholesaler is delivered broken and

Resolved Question:

If goods delivered by a wholesaler is delivered broken and their terms state that all faults must be notified to them in 2 days, if the damaged in not regocnised for 3 weeks, can we still get the wholesaler to take back the broken goods and re-imburse us
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Are you a business and why was it not possible to see the damage initially?
Customer: replied 1 year ago.

We are a business that then supplies the products to our clients

All goods get delivered to warehouse which is manned by a third party and we are not always able to be there to check the goods.

In addition this was a large item and for those we do not normally check the goods before we deliver it a client

Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. As a business buyer you will not be covered under general consumer legislation which gives consumers the right to return faulty items within 30 days of purchase. Your rights will only extend to what is in the contract or terms you agreed to when you made the purchase. In this case you were required to report any issues within 2 days of delivery. Whilst this is the strict position, you could try and argue that in some circumstances it may be impossible or unreasonable to expect that. For example, as you said, this was a large item and identifying the faults may not be reasonably practicable in this case and it may take more time. You can also claim that in general, supplying as faulty product, even if the fault was not reported as per the terms, is a breach of contract on their part. I presume that the reason for this rule is so they know that any faults reported are not as a result of actions on your or the client’s part and can be traced back to the original supplier. However, if you can show that the fault was not something which was likely caused by you or anyone else following delivery, your position should remain relatively strong.
Whilst you can use the above arguments to try and negotiate with the supplier, you cannot force them to accept the item back or issue a refund/.replacement. If they refuse, all you can do is consider your next steps, which would most likely involve legal proceedings (or at least the threat of).
As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the supplier to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the supplier must be sent a formal letter asking them to resolve this within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to deal with this. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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