Incomplete greenhouse

[Longtalljosie]

I know I'm on slightly shaky ground here but I just feel totally done over so wondered I had any redress at all.

For my birthday, last spring, I ordered a greenhouse. It didn't arrive within the specified time - although they were apologetic and I was understanding. It didn't arrive until June, in fact, past the point where I'd made alternative plans for growing tomatoes, and just hadn't planted the rest of the stuff I'd planned to put into it.

We decided we'd put it up this spring - which, yes, is nine months after delivery. We've attempted to put it up, and while the frame's all there, there's only half the glass.

Originally the company were sympathetic. But now they say that since we signed to say it had arrived in good order, we have no comeback, and it's just tough. I've argued that it wouldn't be reasonable to expect someone to get out every component and count them all off before signing for delivery - if we'd opened the box we would have seen glass panes - in fact that's what we did - we just weren't aware they weren't all there. The man says there should have been a glazing plan but there wasn't.

Do I have any redress? I know I should have put it up before, but to be honest it was too complicated for me and we were relying on my Dad to do it - he was all prepared to do it in the spring when it was due, but by the time it arrived he was in the throes of moving house and so it had to wait until after the winter.

Surely, though, if I've paid for a whole greenhouse, I should get a whole greenhouse?

[bemybebe]

I hope that someone with consumer law knowledge can explain your legal standing. I however suspect that you will not have much of a redress if the company is not cooperating.

If I receive a box of goods I always right "not inspected upon delivery" in the signature box.

I do not think they can argue that you received all in good order basis the signature that confirms only that the delivery took place. However, you left it unattended for so long that the company may argue that you may have simply misplaced the missing panels in this 9 months period. It just your word against theirs. Damn!

I think you can threaten them with internet publicity for appalling service they have provided from start to finish.

I will be watching this thread iwth interest.

[prh47bridge]

If you had spotted this within the first 6 months it would have been up to them to prove the greenhouse was complete. As it was delivered 9 months ago it is up to you to prove it was incomplete. Provided you can do that you have the right to have them supply the missing panels or pay the cost of obtaining them elsewhere.

[Longtalljosie]

If I receive a box of goods I always write "not inspected upon delivery" in the signature box.

Yeah - me too. Unfortunately, DH doesn't, and it was him who signed... which is just bad luck I guess.

prh47 - that's interesting and helpful. Where's that from?

[bemybebe]

Longtalljosie I am not sure if writing "not inspected" would have helped in this case, or, indeed, in other cases.

Did you pay by credit card by chance?

[Longtalljosie]

My MIL paid for it - it was her present to me. I'll check...

[prh47bridge]

Longtalljosie - Sale of Goods Act 1979. Any fault which appears in the first 6 months after delivery is assumed to have been there when the goods were delivered. After that it is up to the buyer to prove the goods were faulty on delivery.