Property clinic: delivery blunder

January 25th, 2009 by Barry Cashin

Fragile!Q. We recently completed a luxury kitchen project which, although there many issues, now looks fantastic. When the finishing touches arrived, my brand new stainless steel appliances, I was devastated when one of the clumsy deliverymen gouged the corner of the oven into my newly laid timber floor. The retailer who I bought the appliances from said that the delivery company was an outside contractor so I would have to raise the issue with them. I did this but they ignored my letter seeking reimbursement for the repair of the floor. What should I do next?

A. The delivery company may have been outsourced by the retailer but the price of delivery was charged and sold by the retailer and so forms an integral part of your contract with them. The Supply of Goods & Services Act 1982 states that anyone performing a service, e.g., those delivering goods, must do so with ‘reasonable skill and care.’ I would put the retailer on notice of this, sending them two quotes in the post for the full repair/replacement of the damaged flooring and allowing 14 days for them to settle. If they don’t, you might wish to advise the retailer that you have the right to seek reimbursement through the small claims court where your summons will be issued against them!

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