issue with pallet company advice please

[chewit]

Hi I had a pallet company delivery 4 pallets 2 metres tall
And 1 pallet contents fell off on the back of tail lift while the company unloaded
I have now checked all items and found the drop has damaged all 18 items on this pallet.
So I rung the company and they are saying it wasn't packed well enough
And if I had a forklift then it wouldn't happen
Surely until I get the goods if the items fall off while coming down the tail lift
The company is liable.
Help please

[Crazy council]

Re: issue with pallet company advice please

Hi depends on what you signed for,

i always signed unchecked, until i had unwrapped everything. that keeps you insured The thing is, when you see the damage, you should have rejected the pallet fully

[des8]

Re: issue with pallet company advice please

Company aren't denying the goods fell off and were damaged in the fall.
They are saying the goods weren't packed properly.

That sounds like they admit it was their fault, compounded by the responsibility of the consigner to properly pack them.
Unless it is in the contract that you are responsible for the goods prior to delivery off the vehicle, the matter of your ownership of a fork lift truck is a red herring.

I would agree with you that either or both the consigner and transporter are liable.

Can you post up your purchase agreement and transport contract?

[Crazy council]

Re: issue with pallet company advice please

perhaps the signed for deleivery form would be the most usfull.

When i was in retail, any visible fault, your supposed to immediately reject the pallet, and suspected fault, you have to mark it unchecked. The third option, accepted, means you dont really have come back options with the delivery company unless there specifically at fault. Bin there with over 1500 in products, although, my suppliers re-supplied them, i never signed for a pallet after that without writing unchecked

Its the singed form that will be important,

[des8]

Re: issue with pallet company advice please

From What consumer:
It is common for traders to sidestep liability by saying that you signed for them. A delivery note (as the name suggests) indicates merely that the product has been delivered and not that they have been accepted. If there is a problem with the goods, you may still reject them, particularly if you haven’t previously had a chance to examine them in person. With some items you will be asked to inspect the goods there and then and sign a form to say that they have arrived in satisfactory condition. The law states that you should have reasonable opportunity to examine the goods for yourself, so you could argue that ‘there and then’ is not reasonable and opt not to sign the form. You should however look at the supplier’s Ts and Cs to see whether they have imposed any time limit on reporting faults – although in line with the law, this should be reasonable.

And from Which:
If you're asked to sign a card or electronic device that says you confirm that the goods are received in good condition, don’t worry, you won’t be signing your rights away.The retailer can’t get you to waive your rights under the Sale of Goods Act in this way.It’s always a good idea to write on the card, or electronic device if possible, 'goods received but not inspected' to make your position clear.Check the goods as quickly as you can and raise any issues as soon as possible. This will avoid problems later, for example, over whether you have 'rejected' goods quickly enough.

[davec1960]

Re: issue with pallet company advice please

Who contracted the carrier to deliver to you
You or your supplier?