You're right about the various Sale of Goods Acts, Ian, but they apply
to traders. Apparently, in the case of a business sending goods to a
customer, the customer has the right to reject the goods and demand
replacement, refund or repair. But that has to take place within a
reasonable time. What makes this difficult is that it is not between
a trader and a customer; it's a civil case between two parties.
Because it is that difficult, I have recommended that he reject it on
grounds that 3 months is too long to pass and expect any recompense.
Chris
On 21 Feb 2008, at 21:02, Ian Nichols wrote:
> 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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