On 21/02/2008, Chris Barker <ftog@xxxxxxxxxxxxxx> wrote:
>
> Hi Chaps
>
> I've gone OT again, but there is a great amount of knowledge and
> commonsense around here ...
>
> My son sold a computer to someone in Ireland on the Bay before
> Christmas for around 900 jobbies, but insured for only 150. The thing
> arrived damaged. The chap told my son so, but has only just asked for
> his money back. I have 2 questions:
>
> 1. Who is responsible for the damage.
>
> 2. Is my son liable to refund the payment?
>
> My inclination, as his father, is to take his side and to advise him
> to refuse payment and let the Small Claims system make the judgement.
Sorry, Chris, but I believe that the Sale of Goods act is on the side
of the buyer here. To sum up & paraphrase the bits relating to
distance selling, which apply here:
The deal isn't done until the goods are paid for and in the posession
of the buyer, who has inspected and accepted them - so damage in
transit is the seller's problem.
The contract to deliver the goods is between the seller & the carrier
- the seller merely passes on the cost of the delivery to the buyer.
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