Where do I stand on damage by installers?

[spl23]

Hi All,

Well, my KD32DX50 was replaced with a KD32DX150 this morning, as the flyback whine on the DX50 was driving me mad - my retailer agreed I could have a DX150 in exchange if I paid the difference (£300).

The DX150 thankfully doesn't whine - the geometry isn't brilliant, but I'm going to have a look in the service menu and see what I can achieve tonight.

However, I do have another problem. The door to my house is too small to allow the box for a Sony TV in, so the installers had to unpack the TV in the garden and carry it in unboxed. Being an awkward so-and-so, I watch TV upstairs, so they also had to carry the TV upstairs to install it. In the process, they bashed one corner of the set into the wall, causing a small chip in the paint on the TV (and a rather larger one in the paint on the wall!)

Interestingly enough, the installers didn't mention this, or even apologise for the damage, which is odd as I watched them do it and they knew I'd seen it...

Where do I stand in asking for a replacement / compensation? The installers were contracted by the shop - but is this regarded as in any way my responsibility as they had to unbox it to get it into my viewing room? Or have I implicitly accepted this by not complaining at the time? (The reason I didn't is that it did appear that there was wall on the TV, but no TV on the wall, and repainting the wall is no problem - it was only after they left that I inspected the TV carefully...)

Cheers for any advice,

S.

[pward]

Hmm...I'm not a lawyer but I'll offer some thoughts...

When you purchased the TV you entered into a contract with the retailer, who agreed to supply and deliver the TV. They choose to contract out delivery to a third party. AFAIK in this situation, your contract is still with the shop.

From the shop's point of view, the installers will have a 'duty of care' on whatever they are delivering/installing. I think that the fact they had to unbox the TV is their problem - they still have a duty of care on your goods, which they damaged.

Problems are always best addressed at the time they occur. Also, did they ask you to sign anything when they delivered the TV? If so, and you did sign something indicating the goods were delivered in good condition, your case may be diminished.

Time for a chat with your retailer I think.

Good luck.

Paul

[stejcoolj]

spl23

I am a lawyer, albeit a little rusty on contract law. As Paul says, if delivery and installation were included in your purchase price then the retailer from which you purchased from must make good the damage caused to your TV (and, strictly speaking, your decor as well!). In law, the retailer should settle with you directly and, if deemed necessary, seek its own recompense from the firm that it contracted the installations to.

You may feel guilty that the installers had to struggle with your new TV up stairs but tough - they damaged it and you are in no way to blame (unless you failed to warn them of a hazard such as a broken floor board).

Even if you signed paperwork accepting satisfactory delivery, this is not a bar to "rejecting" the TV - most retailers are eager to keep customers happy - especially if you hint that you are intending to buy something else in the near future (hint: the more expensive, the better!)

I would suggest you contact the retailer ASAP and explain your plight - if you mention that you noticed the installers damaged the wall but you were happy to turn a blind eye - that can only count in your favour.

The big question is what recompense you would be satisfied with - will you want a flawless replacement or would you be happy with a reduction of the purchase price? If so, how much?

Steve