Advice: Supplier refuses to accept responsibility for broken item

[Interiors1968]

HI everyone,
I wonder if anyone can offer some advice please.

I run a small interior design consultancy. For one of my clients I ordered a composite bath (£4000). It was delivered in a crate, without the feet and before it was ready for install so it was put into a garage for storage, still in all the packing. Now that it is ready for install, the crate was opened and I discovered the item is completely shattered - it was clearly dropped very forcefully at some point before being delivered to me.

I contacted the supplier and they say that I had 48 hours to note any discrepancies so the liability lies with me.

Can anyone suggest any legal basis for pushing back against this? The item was clearly broken on their side, whoever did it would have known, but I feel like they are trying to shift the cost onto me! Is this legal? They clearly delivered me a broken product, it's just that it took me a few weeks to open the crate to discover it.

Thanks for any help or advice!

 

[Gyumri]

We've probably all been in that situation and no amount of tea and sympathy will help.

The supplier is relying on his returns policy and at this late stage he will be unable to investigate whether the fault lies with the courier company.

It is most unlikely that the supplier would have knowingly packed up a broken bathtub but who can say?

I assume that when it was signed for you took legal responsibility for the tub subject to the return policy and so the risk thereafter passed to you. You had 48 hours to check the item and I'm not sure if the law allows a longer period.

 

[kulture]

Whilst I understand that you wanted to protect the bath from damage and kept it crated up until you needed it, you are at fault for not understanding the supply contract and not checking the bath under the terms of the contract.

That said I would expect the supplier to be a bit more professional about this and see what they can do to help. I would contact the senior management of the supplier and suggest that if they want to continue getting business from you they pup their customer service game.

 

[fisicx]

As others have suggested. You were required to follow the terms of the contract which contained the 48 hours clause.

When the item was delivered who transported it to the garage?

Who signed the delivery note?

Have you spoken to your insurers?

 

[HFE Signs]

The 48hrs is stipulated by the courier if you want to claim on them, so the supplier is simply passing the responsibility. I'd speak to someone higher up and hope they would be a bit more understanding, I'd expect they would value their reputation and want to help or at least heavily discount a replacement.

 

[Mr D]

HI everyone,
I wonder if anyone can offer some advice please.

I run a small interior design consultancy. For one of my clients I ordered a composite bath (£4000). It was delivered in a crate, without the feet and before it was ready for install so it was put into a garage for storage, still in all the packing. Now that it is ready for install, the crate was opened and I discovered the item is completely shattered - it was clearly dropped very forcefully at some point before being delivered to me.

I contacted the supplier and they say that I had 48 hours to note any discrepancies so the liability lies with me.

Can anyone suggest any legal basis for pushing back against this? The item was clearly broken on their side, whoever did it would have known, but I feel like they are trying to shift the cost onto me! Is this legal? They clearly delivered me a broken product, it's just that it took me a few weeks to open the crate to discover it.

Thanks for any help or advice!

If their contract with you states to notify them of breakages and problems within a time limit and you haven't - then they don't need to do anything.

You don't know the item was clearly broken on their side. Could have been the courier.

But way too late for any claim now. Unless your own insurance will cover it.