"Rick Dipper" wrote in message
...
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



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.


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