When signing for deliveries, READ WHAT YOU ARE SIGNING!

chris321

chris321

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Not strictly shopping or bargains, but closely related...

We had an oven thing delivered this week, it came the other day and we were just leaving when the delivery guy came. He wanted us to unpack it and check it over before he would leave. Not really having time (train to catch), politely said no. "Fine" he says, "sign here then", luckily read the little bit under the signature box which said, and I quote:

I have refused for the goods to be unpacked and inspected I now understand and agree that no claim for damage can be made as I accept the goods as being in perfect condition
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I realise this is just the courier company covering itself, but surely saying it has arrived in perfect condition has further ramifications than that? For example, if we had plugged in the oven, and found it didn't switch on, we'd have phoned up the manufacturer, they'd have said the courier had probably broken it, and the courier have signed document saying that they delivered it in 'perfect condition'. So who's going to be paying the repair bill I wonder.....

Am I over-reacting here, or is this a bit of a dodgy thing to be signing?! Obviously this doesn't just apply to ovens, how would you feel if you had to pay for your shiny new lens/body to be repaired because someone else broke it, or it wasn't working in the first place?
 
I always cross out any such rubbish and replace it with "goods un-inspected" or some such, in those cases where I can't inspect... :shrug: ... and these days not many carriers want their drivers hanging around while you take hours to fully inspect and check... :eek:


Nothing wrong with adding your own caveats... ;) ... if they don't like it just don't sign for it... :D






:p
 
Unexamined here, or just Unex in place of my signature.
 
As above, sign and annotate 'not inspected' or similar, I do that all the time when I get a del by courier now as I got stung last Spring when I discovered the £400 quids worth of goods were damaged (in transit), but I had just signed-for and subsequently there was no recourse!!!
 
When you sign for goods, unless you put a caveat next to your squiggle, you're signing for them received in the as-sent condition; a'la contract matey!
 
attason said:
It's a daily routine for me now; customers that have taken delivery of goods and not checked the items, or crossed out "received in good condition" and then expect a full refund, which they never get.

Sometimes, I do feel sorry... but hey, if they don't read, it's their fault.
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We don't normally allow commercial advertising but I'd make an exception in this case, just so we know who to avoid :)
 
Ah right, well it was new to me, I didn't realise it was such a well known thing! We also went along the lines of signing to say it was delivered, but refusing to sign the bit saying it was in perfect condition.


attason said:
It's a daily routine for me now; customers that have taken delivery of goods and not checked the items, or crossed out "received in good condition" and then expect a full refund, which they never get.

Sometimes, I do feel sorry... but hey, if they don't read, it's their fault.
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dod said:
We don't normally allow commercial advertising but I'd make an exception in this case, just so we know who to avoid :)
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attason said:
With the mark-up they add on products, often 60%+, I'm pretty sure they're not short of a bob or two to string me up in court, so I might give that one a miss... for now ;)
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Erm, does someone want to fill me in on this exchange, it was completely lost on me! :bonk:

Chris
 
I seem to remember that a lot of courier companies also have a clause that does not allow for items to be signed "not checked" or similar and will not allow a claim if they have any signiture.
 
Im pretty sure signing something 'un-checked' or similar wouldnt wash
in a court of law with a courier company anyway so i feel you are wasting
your time.

I bet the couriers didnt check that the appliance was working when they
took reciept.

I used to work for a transport & storage company & i had some CPC training.
Im sure this was one of the topics :thinking:
 
try reading there terms and conditions. it probably in there and can only be altered with written permission from them. so crossing ti out or signing unchecked means nothing
 
snoop69 said:
Im pretty sure signing something 'un-checked' or similar wouldnt wash
in a court of law with a courier company anyway so i feel you are wasting
your time.

I bet the couriers didnt check that the appliance was working when they
took reciept.

I used to work for a transport & storage company & i had some CPC training.
Im sure this was one of the topics :thinking:
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I'm don't agree with. A contract or agreement you've been given no chance to negotiate or check before signing generally goes down pretty poorly in a court and andding Uninspected or simillar would wash irrespective of what a courier company tells you

Hugh
 
We once took delivery of a kitchen, which had a similar get out clause in on the delivery note. We were told to inspect the electrical items, and worktops to ensure they were in suitable condition. I noticed there was a scratch across one of the worktop sections and therefore rejected delivery, as I'd heard horror stories about 1/2 finished kitchens when people had been promised a replacement worktop the following week, which never arrived. As I wouldn't sign for it, they took everything away, and we then got into a bit of a dispute about their delivery terms and conditions (the delivery contract the haulier was using contradicted the sale contract we signed when we stumped up the £1500 deposit), and they started to try and use 'bullyboy' tactics on the phone when we spoke to them. Finally, they agreed to redeliver on a Thursday, with replacement worktops, and failed to show, then claimed we'd agreed on a Friday delivery. So again, both me and Mrs Candlestick took a day off work on the Friday, and waited for the van to arrive. The same lads who had delivered (and removed) the 1st kitchen turned up again, and they said something along the lines of 'I hope you are not going to cause trouble again', which put me in a cracking mood straight away. They took the truck round the back, and I told them as they were dropping the white goods on the tail lift, that they should bring the worktops in 1st, as I wanted to make sure there was no scratches on it. I went back into the house, still angry from their snide comments, and left them for 15 minutes or so. After hearing very little movement, I went back to the kitchen, to see nothing had been offloaded. I went through the yard, and out into the alley behind our house just in time to see the delivery truck dissapearing round the corner. Several angry calls followed to the company's logistics dept, who promised to send them back, but never did (I suspect they were trying to fob us off with the same worktops again)!

Anywhoo's, we ended up going to CAB, then onto trading standards, who told us the company was in breach of contract, and we should fight to get our deposit back. A couple of recorded mail letters later and we were £1500 richer again.

The company in question was Moben Kitchens (aka Dolphin Bathrooms/Sharp Bedrooms)...Removed:(
 
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yep
 
Its all about contracts.... You have a purchase contract with the seller and the seller has 'terms and conditions of sale'. No mention of the carrier yet.....

So you place your order over the net or phone, clearly you have no written or even verbal terms of purchase. Generally speaking the last piece of paper holds the floor. So for example if i agree to buy 200 widgits @ X price for delivery at Y date to this spec, should be clear enough? Not so, if the seller responds with their terms, which will almost certainly incluse a 'carriage' clause then their terms are paramount unless you refute them.

ANY delivery you must inspect within a 'reasonable' period. If you receive a mirror and are asked to check it before the driver leaves and you refuse, you almost cetainly lose your right of return. if on the other hand someone turns up with a kitchen and says check it now mate then it is not unreasonable to have a period of time to do it.

What you should always do is confirm any order by post or email and keep a copy. make it clear that goods will not be accepted at the door if an immediate signature is requested. NEVER SIGN AS INSPECTED! If the courier says I can't accept you signing as 'unchecked' then ask him to call his office.
Then make the choice, if you have to, of sending the goods back. If you sign as inspected you almost certainly lose some of your rights.

Some couriers have such a poor record of damage that they actively try to get people to sign. A good let out for you is to say that the goods are not for you, offer to sign for delivery only. Stand your ground if they refuse and be prepared to send the goods back. A call to your supplier will often change the situation radically, the contract is with you and them not the contractor!

Clear as mud?

Duncan
 
well heres one, we sent a pallet to a customer, the delivery note was clearly marked damaged when the goods arrived in sweden, the customer signed for the goods to say they were received, and referenced the damage on the note. We always get the company that collects to sign a receipt of collection to say its in good order when collected. Needless to say, they are trying to wriggle out of paying for the damage. Its simple really, dont break the stuff in transit, and then you wont have to pay for it.
 
attason said:
It's a daily routine for me now; customers that have taken delivery of goods and not checked the items, or crossed out "received in good condition" and then expect a full refund, which they never get.

Sometimes, I do feel sorry... but hey, if they don't read, it's their fault.
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so you are saying that even if the goods are damaged, you dont care? Whats the company again?
 
Duncan.F said:
Not so, if the seller responds with their terms, which will almost certainly incluse a 'carriage' clause then their terms are paramount unless you refute them.


Duncan
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As a consumer this simply isn't true, there's quite clear law and principle on this point and unless you a freely given the chance to disagree contract terms then that contract fails one of the key tests of that contract for reasonability

Business to Business (even a sole trader) is a different matter because its assumed you did negotiate

Hugh
 
As I was an electrician in a previous life I get the courier to wait whilst I unpack, check and connect it all up. They hate it so I get them to call their office using our phones (which are always recorded) asking if it is OK for me to sign saying " visually checked OK but not tested".

If they dont agree then, as I have already started unpacking, I tell them to take it back and they can sort out re-packing and I refuse to sign.

Makes me smile every time.!!

I trust no-one so you have to get your arse covered. ;)
 
When I was working for Business Express, which is now HDNL, the customers were signing for delivery. When they asked, I told them they were signing for delivery, some people insisted on writing unchecked but it really didn't matter.
If there was ever a problem the item was returned and/or replaced.
The bulk of the work was for Littlewoods catalogue but they also had other business contracts.

I'm going back a few years now, but I'd guess it's the same now as it was then.
 
boyfalldown said:
As a consumer this simply isn't true, there's quite clear law and principle on this point and unless you a freely given the chance to disagree contract terms then that contract fails one of the key tests of that contract for reasonability

Business to Business (even a sole trader) is a different matter because its assumed you did negotiate

Hugh
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Not so I am afraid! Whilst it is true you cannot contract out of the law sellers can and do modify the contract. Why is it do you think that carriers try and get you to sign as 'received in good condition'. It is to satisfy their contract with the original supplier. The test of resonableness seldom applies if you are unwise enough to sign on the dotted. A famous expression......'caveat emptor' Let the buyer be aware!

Cheers

Duncan
 
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