Goods not as described

[obiter dictum]

Just a general question

 

I ordered a banner to be made up, sent the design etc.

 

Company emailed saying that they will have to change a few things to fit all the words on the banner.

Banner was to be deliverd by xyz date by a private courier.

 

Company stated that on receipt i had 24 hours to proof read the banner or it will accepted that i have no complaints.

 

Banner did not arrive on agreed date but the following day.

 

Company is blaming the courier company for putting the wrong postage label on the parcel.

 

The day it was delivered i was in a meeting 200 miles away so no way was i able to proof read within 24 hours.

The banner has Trade protected Intellectual property faults on them.

 

we have an order that was delivered a day later than agreed with a 24 hour window to reject the goods if a fault is detected.

 

This company instructed their own courier company who i paid for to get the goods delivered to me by the agreed date.

 

They are stating that they are not responsible as to this 24 hour clause, i see it as a breach of contract, comments please

[SuperVillain]

Did the company supply terms and conditions or tell you where to read them (e.g. on their website)?

[steampowered]

There are a few possible get-outs. First question is whether you ordered as a business or consumer. If a consumer, this term would be unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999.

 

Second question is whether this 24 hours thing was specified in the T&Cs at the time you ordered the banner. If they made this statement after a contract was formed it is not enforceable.

 

Third question is whether the 2 hours thing was drawn to your attention at the time you ordered the banner. There is a legal rule that very onerous terms should be brought to the attention of the other person. If no, it might not be enforceable, although this one is a bit more of a grey area.

 

Fourth question is whether the delivery date was agreed in advance. The courier is just their agent and they are responsible for him. If the courier breached the contract that is the company's liability.

[rebel11]

Hi Capquest

 

You could also use :- Supply of Goods and Services Act 1982

 

 

• with reasonable care and skill
  
• in a reasonable time (if there is no specific time agreed); and
  
• for a reasonable charge (if no fixed price was set in advance)
  

 

http://www.which.co.uk/consumer-rights/regulation/supply-of-goods-and-services-act-1982