Screwfix

I am having a nightmare with Screwfix, who deposited my order with a neghbour 8 days after I orderd it. I needed the items, so I re-orderd to a different address, and they came.
The neighbour got upset at the orignal delivery, so I collected them from her house and the goods are on my drive. At no time have I or anybody else ever signed for delivery.
Terms and conditions item 3 appears to apply "A valid signature will be required on collection or delivery." To which I say, no signature, thefore not delivered, you can take them away, I ain't paying. The items are still in transit.
They say (terms and conditions item 3) "Immediately prior to despatch of the goods to you, title in the goods will pass to you."
So they give my goods to a carrier of thier choosing, and if the carrier does not deliver, then its my problem. The carrier will not dicuss title of the goods with me, as I am not the customer, Screwfix are, and in their eyes only their customer can lay claim to the goods.
They are now telling me, that if the foods are lost before they collect I have to pay, but they have never been delivered why should I pay ?
Have I gone "off on one" or am I right ?
Thanks Rick
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

No idea. WTF are you on about?
Si
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

have to pay, but they have never been delivered why should I pay ?

No you are not right, the goods WERE delivered just not signed for. Do the right thing and own up to Screwfix. I use them a lot and would like to keep costs down, but acting like this we all pay more in the end!
John
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

I have owned up, they want a signature on collection, which they won't get, but they can take the stuff away.
Rick
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Did you pay by credit card as an end-useer, or trader ?
If you bought as an end-user, put the item in dispute with the credit card company, who can start charge-back procedings against Screwfix - you didn`t get the goods, they haven`t been signed for, and Screwfix can`t provide a signature to say they were delivered.
--
Please add "[newsgroup]" in the subject of any personal replies via email
* old email address "btiruseless" abandoned due to worm-generated spam *
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

not deliver, then its my problem. The carrier will not dicuss title of the goods with me,

Your complaint is really with the monkey driving the ParcelForce van that day. ;-)
Mark S.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

not deliver, then its my problem. The carrier will not dicuss title of the goods with me,

It was "Lynx Express", not ParcelForce, who deliver weekly to the correct address. Yep, if the delivery guy screws up, I feel Screwfix have done a bad job, but in reality the "Screwfix Serivce" as a whole is bad, the bit they outsourced, not the bit they did themselves. The morrels and probems of outsourcing, a good topic for a real long debate ........

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

Why does that not surprise me in the slightest! They're bloody useless in my area, and the "system" they use which lets that happen can let it happen elsewhere too I'd imagine, certainly in your area by the look of things.
Take Care, Gnube {too thick for linux}
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
This does work the other way though.
knowing that you were expecting a delivery it would be reasonable to think that you would be around to accept the goods when delivered. so its a bit of give and take i feel, as i have had stuff delivered and not been around but its been more than happy to have the stuff dropped around the back garden or to next door so that i can get on with the job. admittedly in your case it was a bit late.

neghbour 8 days after I orderd it.

her house and the goods are on my drive.

away, I ain't paying.

will pass to you."

does not deliver, then its my problem. The carrier will not dicuss title of the goods with me,

customer can lay claim to the goods.

have to pay, but they have never been delivered why should I pay ?

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

will pass to you."
AFAIK from March this year such a clause is no longer valid. However, this may only apply to despatches to private individuals.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
Peter
Can you please tell me where this extreemly usefull informaation comes from ?
Many Thanks Rick

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

It isn't totally correct. Title (ownership) in the goods can pass to you independently of risk (responsibility for loss) and it is the point at which risk, not title, transferred in consumer transactions which changed.
Prior to March of last year the Sale of Goods Act (SOGA) transferred risk to the purchaser at the point of delivery to the carrier at the sellers premises. For many years many suppliers had actually accepted that risk during delivery was theirs up to the point of the customers premises. The Sale and Supply of Goods to Consumers Regulations 2002 amended the SOGA to make the seller at risk in consumer transactions until the goods were delivered. It does not prevent title passing before despatch.
Note that as was said the Sale and Supply of Goods to Consumers Regulations 2002 applies _only_ to sales to consumers. If you purchase in a business name then the default is that risk still transfers at the sellers premises and the suppliers T&C's can override the SOGA.
--
Peter Parry.
http://www.wpp.ltd.uk/
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

neghbour 8 days after I orderd it.

her house and the goods are on my drive.

away, I ain't paying.

will pass to you."

does not deliver, then its my problem. The carrier will not dicuss title of the goods with me,

customer can lay claim to the goods.

have to pay, but they have never been delivered why should I pay ?

Their wording in the Terms and Conditions is unlawful, I know this, because we've just had to go through the same thing.
The title of goods is with Screwfix until they receive a valid signature from the intended recipient, or by someone acting as a proxy for the real intended recipient as proof of full delivery. If someone is acting as a proxy recipient, then they must sign for the delivery as such with the words "Per Proxy" or the mark "PP" after their signature. If this is not marked on the delivery sheet, then the person signing for the goods is fully responsible for the goods while in their possession and title for the goods is then passed to them as they accepted the full delivery. If the recipient has made clear they are only a proxy signatory for the real intended recipient, then title of the goods is still with Screwfix until they receive payment from the purchaser.
If any packaging is damaged on delivery, then it is within your right to refuse the delivery or accept it but have the driver sign the invoice as evidence that they witnessed the damage on the packets. If someone is acting as a proxy recipient on your behalf, then they may sign for the delivery with the words "Goods Unexamined" or just "Unexamined" on the delivery invoice. If this is not done, then the proxy recipient can be held responsible for any damage or loss whilst the goods are in their possession and the vendor may then make a demand for payment on the goods from the original purchaser, and then title is passed on for the purchaser to enact any terms from the proxy recipient for the damage or loss of the goods.
Basically, the law states that possession of the goods is 9/10ths of the law, unless the vendor can prove that the goods were ordered and delivered as promised and that the recipient or their proxy has made final receipt by issuing their signature on any document intended for this purpose. If no signature is issued and the goods are left on site in speculation of receipt, then the vendor is still responsible for the goods and any damage or loss effected on them.
--
www.basecuritysystems.no-ip.com

Outgoing mail is certified Virus Free.
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

That is correct if you ordered in a company or trade name or on a trade account.

That is also correct.

You have to pay whatever happens to the goods unless you return them safely - the risk is with you now. Welcome to the Sale of Goods Act.
--
Peter Parry.
http://www.wpp.ltd.uk/
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
Rick I don't see your problem.
Simply return the first unwanted order to Screwfix who will then refund you. They will even arrange to collect it.
I have returned approx 10 items to them and had no problems with them refunding. Especially if the goods are in the original box and packaging.
Or have I missed something?
John

neghbour 8 days after I orderd it.

her house and the goods are on my drive.

away, I ain't paying.

will pass to you."

does not deliver, then its my problem. The carrier will not dicuss title of the goods with me,

customer can lay claim to the goods.

have to pay, but they have never been delivered why should I pay ?

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Thu, 16 Oct 2003 08:26:25 +0100, "John Greenwood"
I can't know for sure of course, but you may have; last time Lynx delivered Screwfix goods here they all but destroyed the goods as well as holding on to them for an extra 4 days, for no reason that they were able or willing to supply to me or Screwfix. So maybe they've struck again and the OP hasn't mentioned that bit so far? <shrug>
Take Care, Gnube {too thick for linux}
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
I wonder what you ordered, was it soemthing from the big stuff section with a long lead time.
I have a lost parcel once (only 1 of 2 arrived) and then they where happy to send a duplicate with instructions to me to refuse delivery if the missing package turned up.
I must admit the duplicate came via Lynx and was a day late ona before 12 delivery, seems a whole truck load got mislaid for a night then.
I think like most things, you pays your money and takes your choice. The prices are very competitive, especially over local suppliers here.
wrote:

not deliver, then its my problem. The carrier will not dicuss title of the goods with me,

Lawrence
usenet at lklyne dt co dt uk
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Thu, 16 Oct 2003 09:42:03 +0100, Lawrence

Starting to look like there's a pattern forming where Lynx are involved.
Take Care, Gnube {too thick for linux}
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

neghbour 8 days after I orderd it.

her house and the goods are on my drive.

away, I ain't paying.

will pass to you."
Unfortunately if you accept their t&c's then you accept this.
A solicitor may be able to argue that this is unreasonable, but can you afford the legal costs ?
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Related Threads

    HomeOwnersHub.com is a website for homeowners and building and maintenance pros. It is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.