What does signing for a delivery really mean?

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kiwifidget

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#315917 30-Aug-2024 09:05

I bought a couple of mobile drawers a few weeks ago.

Items were pre-assembled bar the wheels and handles.

Delivered by Fliways.

Delivery time to be Friday morning 8-12pm.

The truck eventually arrived just before 2pm.

The guys were apologetic and unloaded the boxes. Encased in cardboard.

They still had half a truck of stuff to be delivered so they did not hang around.

I signed to acknowledge that the goods had been delivered, and the delivery guys took a photo as well.

The outer cardboard packaging looked ok.

After unboxing the drawers we noticed they both had sustained some minor damage.

There were supposed to be these corrugated cardboard corner protectors, but they had come apart at some stage.

I notified the retailer who notified the supplier.

This is where things went bad.

Supplier was adamant that I had signed off the delivery as "clean".

Presumably meaning that everything was tickety-boo.

After some pressure from the retailer, the supplier has agreed to a one-off replacement of the drawers.

They are going to arrive this morning, between 8-12, but we shall see.

But I am annoyed.

There was no way the delivery guys were going to wait around until I unboxed and inspected the items.

I received some flat-pack furniture a couple of months ago that took several hours to unpack. No courier would wait for that to happen.

I feel it is unrealistic to expect a signature from the purchaser to mean that goods packaged for inter-island delivery are undamaged prior to unboxing.

What would be my rights today if the replacement items are similarly damaged?

I'm going to try asking the delivery guys to stay while we unbox, but not sure they will unless I confiscate their signing off device, and that might not go down well.

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Smpl Mnmlst
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#3276924 30-Aug-2024 09:16

Surely it can mean nothing more than a simple acknowledgment of having received the goods.

What if it had been something electronic that was later found to be DOA?

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eracode

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#3277003 30-Aug-2024 10:23

eracode:

Surely it can mean nothing more than a simple acknowledgment of having received the goods.

What if it had been something electronic that was later found to be DOA?

I think that what you signed is between you and the courier. I don’t see how the retailer or supplier could hang their hat on what you signed - unless it was being delivered by the supplier (but not the case here because it was Fliways).

Looks like a ‘try-on’ by the supplier.

Is there anything on the seller’s website saying something like: “By signing for delivery you are confirming that the goods are undamaged and good condition …”?

Sometimes I just sit and think. Other times I just sit.

cshwone

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#3277006 30-Aug-2024 10:28

It's all too common to set these impossible T&Cs.

For example Trade Depot

Goods Inspection on Delivery

IMPORTANT! - All deliveries require a person present to unpack and inspect the delivery and sign for goods received confirming they are in good condition and free from breakages/damage. It is advisable that you immediately open packages and inspect for signs of damage or defect.

https://tradedepot.co.nz/delivery-and-return

Bee

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#3277008 30-Aug-2024 10:32

Signing for delivery usually means just that, the goods were delivered. If there is damage then you can go back to the supplier, THE SENDER can make a claim with the courier, and send you a new one if possible or refund.
So you as receiver have no blame or action to take apart from maybe sending the faulty goods back.

My partner used to work for NZPost couriers for 18 years.

Doing your best is much more important than being the best.

eracode

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#3277009 30-Aug-2024 10:32

cshwone:

It's all too common to set these impossible T&Cs.

For example Trade Depot

Goods Inspection on Delivery

IMPORTANT! - All deliveries require a person present to unpack and inspect the delivery and sign for goods received confirming they are in good condition and free from breakages/damage. It is advisable that you immediately open packages and inspect for signs of damage or defect.

https://tradedepot.co.nz/delivery-and-return

Aha - there you go. Maybe OP will have keep the courier waiting while the goods are unpacked and thoroughly checked.

Sometimes I just sit and think. Other times I just sit.

kiwifidget

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#3277115 30-Aug-2024 11:04

Delivery Terms as per the retailer:

Delivery Details

Within New Zealand, we will deliver your parcel by courier after the payment is received.

Lead Time

There is a lead time of up to 3-5 working days involved in arranging the order to be delivered. If you need the product urgently then please let us know and we will do our best to deliver it as soon as possible.

Delivery Time

Allow approximately 2-4 working days to most urban addresses or post office boxes. Please allow an extra 1-2 days for rural delivery. Within New Zealand we use both Courier Post and Fastways services who deliver as "signature not required".

If you prefer delivery by NZ Courier Post with required signature, an additional cost will be applied, so please contact us before choosing this method. Whichever shipment choice you make, we will provide you with a link to track your package online.

Shipping and Handling

We organise shipping at buyer's expense. Please request quote. Handling fees are fixed, whereas transport fees vary according to total weight of the shipment. We advise you to group your items in one order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them. Your package will be dispatched at your own risk, but special care is taken to protect fragile objects.

We will endeavour to ship items to you as quickly and safely as we can. We apologise if we do not ship to your location. For information on shipping please contact us directly though our contact page.

Boxes/Packages are amply sized and your items are well-protected.

There were no extra delivery terms after the order was confirmed.

Supplier has said this after my complaint:

''This is a one time replacement.

They must be checked upon delivery.

We can not make a claim on the freight company because they were signed for clean.
Please advise your client that it may take longer than 3 to 5 working days as residential delivery takes longer.
please arrange removal from the customer or customer can dispose of them.''

So yes, I guess I'm going to make them wait. Not that anything can come of it I suppose.

Other than to advise the retailer and they can decide whether to continue dealing with that supplier.

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traderstu

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#3277131 30-Aug-2024 11:50

Always sign STI (subject to inspection)

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kiwifidget

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#3277153 30-Aug-2024 13:14

Only an hour late today, arrived just before 1pm.

They did wait until we had about half unboxed.

Again the internal packaging had come apart, but at least the bottom corner ones were still intact this time.

These are definitely in better shape than the first 2, but just about to assemble wheels and handles and get a proper close up look.

Delivery guys are gone gone gone.

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neb

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#3277179 30-Aug-2024 14:06

As a general note, it's probably worth writing to Consumer if you're a member to get their comments on this, and to notify them and their readers about the issue.

Goosey

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#3277221 30-Aug-2024 17:15

Hope you took photos to send to the supplier.

they probally are fully aware their packaging from source isn’t great and have had a lot of issues and therefore trying to wriggle out of QA claims with the manufacturer and put it on the end buyer / courier system.

I.e. if no visible damage on the outside then….how did the inside damage occur…

pdh

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#3277331 31-Aug-2024 00:14

Well - you can just refuse to sign...
Unless they are willing to wait.
In the case of the electronic finger-tip signature, that may be your only option.

In the case of a paper option - sign as 'delivered, not yet inspected'.

In any case, I guess photos are your friend - just as in renting a car.

SirHumphreyAppleby

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#3277344 31-Aug-2024 08:40

Bee:

If there is damage then you can go back to the supplier, THE SENDER can make a claim with the courier, and send you a new one if possible or refund.

If the property has passed to you (passed in the sense of ownership, not possession), then the consignee can take proceedings against the carrier as if they were the sender.

Rushmere

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#3277365 31-Aug-2024 11:52

I've previously had a similar issue with a delivery, where there were big notices stuck to the delivered boxes saying that the retailer was not responsible for any damage found after signing for the delivery.

This was also delivered by Fliway.

I contacted Consumer, and they advised that this is illegal.

They said "The retailer cannot contract out of the Consumer Guarantees Act, which is what they are trying to do here. It’s immaterial whether damage is caused in transit, in the warehouse or during manufacture – goods must be of acceptable quality when supplied to the consumer". They went on to reinforce the message that the retailer can never opt out of their responsibilities, regardless of what they say in their terms and conditions or during the course of the delivery.

kiwifidget

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#3277377 31-Aug-2024 13:24

It was of course too good to be true.

While the second shipment of units looks ok, on one of them the drawer locking mechanism doesn't work.

Not actually a biggie, I would have preferred non-locking units anyway.

However, it's another reason why I would not buy any more items carrying the Firstline brand name.

I will let the retailer know on Monday that their supplier might need a rark up.

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MadEngineer

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#3277444 31-Aug-2024 15:14

I used to sign for goods as part of my job and signed meant received in good condition. If it later transpires that the goods were damaged we take it up with the supplier and return them.

If the goods on delivery were clearly damaged we’d refuse delivery and ask them to send it back as damaged.

Signing seldom made it harder to claim any issues with the delivery.

There was one delivery company that was an absolute shocker for issues so every carton and every pallet had every inch inspected. The driver would load say four boxes in total, present me with dockets for four boxes in total but for other orders not actually onboard. Items regularly had been punctured by forklifts.

They just had to wait until i completed inspections. If he complained I’d pause for effect then remind him about previous deliveries.

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