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Damaged Panels - Who is liable?

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  • Damaged Panels - Who is liable?

    Hi All,

    I am renovating my house and a few months ago I decided that I would like to clad my dormer in panels known as Marley Natura. I found a distributor and we went through the various options and pricing. I eventually placed an order via credit card.

    The delivery of these panels arrived on Tuesday 23/07/2019. I had staff unload these panels with the delivery driver assisting in the unloading. These panels had a thin inter sleeve between the layers of panels. Whilst unloading the panels were stacked carefully within the driveway however the inter sleeve was not placed in between each panel as the people unloading were competent enough not to cause any scratching. This was only stored for less than 24hrs.

    The next morning I was ready to start installing the panels but found that some of them stuck together and whilst the panels came apart they damaged the face of the other ones underneath. I called up the supplier and explained the problem. They visited site today and their response was “because we removed the inter-sleeve and it was a hot day, it caused the panels to stick together. The inter-sleeve was meant to remain in place and therefore they will not provide replacements”.

    My issue is at no point did the supplier point out in writing or otherwise that the inter-sleeve was a critical component of the storage to prevent sticking. Nor was there anything on the delivery note or on the panels themselves. Surely something so significant should be pointed out quite clearly. (These panels cost around £4000, so an expensive item for me). Had I have been made aware surely I would have taken the extra steps to ensure they were re stacked with the inter sleeves.

    They claim it it is not their responsibility to inform me on how to store them. Hence they will charge me again to replace the panels.

    Where do I stand? Can I complain to the credit card company?

    Any help would be greatly appreciated.

    Thank you in advance.
    Tags: None

  • #2
    Anyone able to offer any advice or opinions?

    Comment


    • #3
      The question is "when do the goods become the responsibility of the buyer.

      Most builders merchants T&Cs say something along the lines: Where the goods are transported by the Company or by its carrier they shall be deemed to be delivered when they are handed over at the destination appearing on the Buyers order

      What does your contract state?

      Who was supposed to do the unloading?

      IMO the delivery driver is responsible for unloading the lorry and I would suggest that if he allowed others to assist him he was still responsible to ensure the goods were unloaded and stacked properly.

      Your post however makes it seem that you were responsible for the unloading and the driver assisted.

      Comment

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