View Full Version : Responsibility for damaged goods


samscam
03-02-2005, 13:42
A minor legal question... My laptop got damaged while in for repairs with (or possibly in transit by courier from) an Apple service centre.

Given that it is a matter of my word against theirs as to exactly when it got damaged, where do I stand with regard to getting them to take responsibility for it.:rant:

Rich
03-02-2005, 14:02
If it was damaged whilst in their care, they should take the rap and cop for any costs of repairs etc.

I think you should ask your local CAB (Citizen's Advice Bureaux) about it though to be certain.

PENGUIN
03-02-2005, 14:23
I would think you had to sign for the laptop, which somewhere in the small print would say its in a working condition. The courier will use this against you, sadly, not many people would check before signing that it was all okay. Do as rich says and contact CAB.

samscam
03-02-2005, 17:40
Thanks for that... Yes, I know the courier could try and use my signature against me but honestly who unpacks everything before signing for it???

Will see how they all behave and head to the CAB if I get any bother. :(

Strix
04-02-2005, 08:40
Originally posted by samscam
Thanks for that... Yes, I know the courier could try and use my signature against me but honestly who unpacks everything before signing for it???

Will see how they all behave and head to the CAB if I get any bother. :(

I know it's of no help now, but I always sign 'unchecked my signature' whick always gets a scowl from the delivery guy, but it covers my back :D

samscam
04-02-2005, 11:59
Good advice Strix. Will remember this in future but to be honest this would not really have helped in this situation as the servicing people are insisting it left them intact and the box would still not have been unpacked in front of a witness. It would still be my word against theirs that I didn't drop the machine and cause the damage myself.

We do have insurance but I can't see it paying out when we have no idea how the damage happened and besides I don't see why I should have to make a claim and push up my premium.

The only way to have prevented any argument (from our end at least) would have been to have opened it up in the presence of the courier - even more irritating than just signing it unchecked I suspect.

I can see this becoming a large circle of denial....grrrrr

Strix
04-02-2005, 12:05
Was the packaging in good order?

BTW: It's their courier, so go back to the repairer. You entrusted your machine to their care, it's up to them to ensure it is returned to you in original condition (minus fault it went in for ;) ). If they choose to employ a third party to do this, it's up to them to deal with it. You can't make a claim from their courier.

PS I used to work for a repair agent.

samscam
04-02-2005, 12:18
As it happens they have not sorted out the fault (goes to sleep and fails to wake by itself requiring restart).....and it's the second time it's been to them...not to mention the several times it went into the Apple people in Sheffield...stupid intermittent fault that mysteriously only seems to happen at home but never when with the servicing people. So not only have I now got a machine that was faulty in the first place but also has a big buckled corner and who knows what internal damage if it has been dropped.

I have not switched the machine on yet to check for any other damage..was waiting to hear back from the service centre.

Have since tested the machine and the CD drive is wrecked - won't take a disc

There was no obvious damage to the box and it was well packed as well as being in it's carry case.

samscam
04-02-2005, 12:25
From the CAB website

Deliveries

Your legal right to examine the goods

When you receive goods, you have the right to examine them carefully and to make sure that they are satisfactory. _You should complain straight away to the trader if you find a fault or if you think they are wrongly described. _When you sign a delivery note you are only acknowledging receipt of the goods . This does not take away any of the legal rights you have as a consumer (see under heading, What are your legal rights as a consumer).

Strix
04-02-2005, 13:37
See? Have you been in touch with the repairers yet?

Perhaps they are hoping to claim on their own insurance, coz they can't fix it? :D

owdlad
04-02-2005, 13:50
Originally posted by samscam
From the CAB website

Deliveries

Your legal right to examine the goods

When you receive goods, you have the right to examine them carefully and to make sure that they are satisfactory. _You should complain straight away to the trader if you find a fault or if you think they are wrongly described. _When you sign a delivery note you are only acknowledging receipt of the goods . This does not take away any of the legal rights you have as a consumer (see under heading, What are your legal rights as a consumer).

Seems fairly straight forward now samscam go for it :thumbsup: and keep us informed.

samscam
04-02-2005, 14:49
Thanks for your suggestions. I initially posted in a fit of mild rage with my worst case scenario head on.

Yes I got in touch with them minutes after the thing was delivered.
Having also just taken delivery of a new digital camera (not that my life revolves around shiny gadgets :blush: ) I also e-mailed piccies from all angles of the damage within half an hour of receipt to cover my back should it have got complicated. :wink:

Anyway an update......they have now got back to me. They have put in a claim with the couriers (?)...not sure how they communicate between themselves but I don't care as it seems they are holding their hands up. The guy who is dealing with it said 'these things happen from time to time', which suggests he is taking responsibility for it.

He has given me a claim reference number and said there will be loss adjuster calling next week. Seems I have done all the right things and it might be straightforward after all. :suspect::

foo_fighter
04-02-2005, 14:55
Originally posted by samscam
Seems I have done all the right things...
...dunno about that, after all, you live in Bolton. ;)

samscam
04-02-2005, 15:39
Fair point Foo. Anyone who has any gripes about what is wrong with Sheffield should try it for a while. Living in Bolton was an accident of employment....hopefully soon to be rectified.

At least the forum gives reassurance that the world is still turning out there.