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[OM] Re: OT: in the UK, who is responsible for goods damaged in transit?

Subject: [OM] Re: OT: in the UK, who is responsible for goods damaged in transit?
From: "Ian Nichols" <ian.a.nichols@xxxxxxxxx>
Date: Thu, 21 Feb 2008 21:02:09 +0000
On 21/02/2008, Chris Barker <ftog@xxxxxxxxxxxxxx> wrote:
>
>  Hi Chaps
>
>  I've gone OT again, but there is a great amount of knowledge and
>  commonsense around here ...
>
>  My son sold a computer to someone in Ireland on the Bay before
>  Christmas for around 900 jobbies, but insured for only 150.  The thing
>  arrived damaged.  The chap told my son so, but has only just asked for
>  his money back.  I have 2 questions:
>
>  1. Who is responsible for the damage.
>
>  2. Is my son liable to refund the payment?
>
>  My inclination, as his father, is to take his side and to advise him
>  to refuse payment and let the Small Claims system make the judgement.

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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