Hello Mathias
> "I'm sorry, but my signature only means that I've inspected the package briefly since you're not allowed to open it before you've signed (Mathias)" Unfortunately Mathias this is not the case.
> The practise TNTrecommend is that the receiver inspects the goods while the driver waits and the verdict of the inspection conducted by the receiver as to the condition of the goods
> is expressed at the point of signature.
>
> TNT CLAIMS PROCEDURE
"we will assume the shipment was delivered in good condition unless the receiver has noted any damage on our delivery record when he or she accepted the shipment".
That signature means that on receipt of the goods the product was in good condition, any accidental damage thereafter is no responsibility of mine or the shippers.
My terms and conditions that are clearly inline with the Sales of goods act 1979 states that "All Stanton Bikes frames come with a material lifetime warrantee for manufacturing or material defects"
as this is obviously accidental damage caused by whoever took responsibility for the goods at the point of receivership from the delivery company and not a manufacturing or materials defect I can not accept this product as a return.
> "like all delivery services I know of. It's also your responsibility to pack the frame in such way that it's not damaged (Mathias)" We send over 350 frames a year to all different locations around the world, every frame is packed in the same way,
We've only ever had issues with two frames since the start of the company over 3 years ago and one of them is yours, also as you've signed for the goods to say they're in good order we can only presume the damage to the product happened
thereafter.
If you wish to take this further I'm happy to continue as I'm totally aware of my position and rights as a reseller,
Sale of Goods Act 1979
"If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them
For example, by showing that the problem was caused by an external factor such as accidental damage."
Thank you for the images of the product you sent as these exemplify quite clearly that the damages are not "manufacturing or material defects" they are as a result of "accidental damage" that can only be assumed to be caused by whosoever took responsibility of
the product at the point of signature from the shipper.
However as I can see the situation of your frame being accidentally damaged is quite unfortunate, I still am offering you a free repair and also to share the cost of shipping by shipping the frame back to you after the repair is carried out. I'm honestly trying to be fair given your circumstances.
This is the last time I'll make this offer, if you refuse it and wish to take this further please let me know and I'll inform you of my solicitors information, they will act on my behalf here after.
Thank you
Dan
Daniel Stanton
M.D Stanton Bikes