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Received Damaged Furniture: Applicable Consumer Law?

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seanpaul

Junior Member
What is the name of your state (only U.S. law)?
California

My question involves a consumer law issue in the State of:

California

Hello all!

I've recently made a purchase a few days ago, and picked up furniture from the distributor directly (they do not do direct to customer deliveries). Upon arriving, I paid for the goods, we inspected a few of the furniture pieces where there was marble, to make sure that the marble was not cracked, and loaded the items up and took off.

Unfortunately the largest item, a dresser, has one of the top corners smashed. The item was loaded with the bottom of the piece touching the bottom of the delivery truck's floor, with nothing laid on top of it. The side that was damaged was facing outward, also not touching anything. My brother helped me load everything up and make the trip, so he is witness that the goods were not 100% inspected (e.g. not all corners of all pieces, specifically the dresser, were not inspected prior to loading them), and also witness that upon opening the box the corner was smashed. We also did both witness the warehouse guy push the dresser up on its side (so that two top corners were touching the bottom of the delivery truck) before laying it on its bottom and final resting position for transit.

I've taken pictures of the item, with it still (partially) in the box before it was removed from the truck to show how it was positioned/loaded, to clarify that the damage was to the top of the unit and could not have suffered damage in transit.

My question is this:

Is there any consumer law specifics that allow for a inspection time frame to determine if goods are damaged? Or any applicable consumer law that is relevant to this situation that will help me give them black and white legal when we are discussing the replacement of this item?

When I called the same day to notify them of the damaged, the person on the line was very difficult and implied that I might not get the item exchanged because they "did not know if I was the one that caused the damage" I feel it is very important to go in with the correct legal requirements of this company to provide undamaged goods for this purchase. The goods purchased were specified as new condition, and there was no "As-Is" warranty applied to this item.

Thank you for any help you may provide! This was a very expensive furniture set so I would be very upset if my brand new purchase was not honored in a ethical fashion.
 
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Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)?
California

My question involves a consumer law issue in the State of:

California

Hello all!

I've recently made a purchase a few days ago, and picked up furniture from the distributor directly (they do not do direct to customer deliveries). Upon arriving, I paid for the goods, we inspected a few of the furniture pieces where there was marble, to make sure that the marble was not cracked, and loaded the items up and took off.

Unfortunately the largest item, a dresser, has one of the top corners smashed. The item was loaded with the bottom of the piece touching the bottom of the delivery truck's floor, with nothing laid on top of it. The side that was damaged was facing outward, also not touching anything. My brother helped me load everything up and make the trip, so he is witness that the goods were not 100% inspected (e.g. not all corners of all pieces, specifically the dresser, were not inspected prior to loading them), and also witness that upon opening the box the corner was smashed. We also did both witness the warehouse guy push the dresser up on its side (so that two top corners were touching the bottom of the delivery truck) before laying it on its bottom and final resting position for transit.

I've taken pictures of the item, with it still (partially) in the box before it was removed from the truck to show how it was positioned/loaded, to clarify that the damage was to the top of the unit and could not have suffered damage in transit.

My question is this:

Is there any consumer law specifics that allow for a inspection time frame to determine if goods are damaged? Or any applicable consumer law that is relevant to this situation that will help me give them black and white legal when we are discussing the replacement of this item?

When I called the same day to notify them of the damaged, the person on the line was very difficult and implied that I might not get the item exchanged because they "did not know if I was the one that caused the damage" I feel it is very important to go in with the correct legal requirements of this company to provide undamaged goods for this purchase. The goods purchased were specified as new condition, and there was no "As-Is" warranty applied to this item.

Thank you for any help you may provide! This was a very expensive furniture set so I would be very upset if my brand new purchase was not honored in a ethical fashion.
You signed off on their being no damage and then you loaded it in to your truck. Once you signed that it was undamaged and left, it's on you.
 

BL

Senior Member
Why would you only inspect only a few of the expensive items?

Yeah, the argument could be made that the damage could have been done by you or your helpers.

It's he said/she said.

You can try and pursue it. ( maybe they have ins. ).

If you paid by CC ,you could try to file a complaint.

Out of curiosity, while you took pics of the furniture damage ,do you also have in place pics of the box damages ( if it exist ). ? Not that it means the damage was already done.
 
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seanpaul

Junior Member
You signed off on their being no damage and then you loaded it in to your truck. Once you signed that it was undamaged and left, it's on you.
You are making gross assumptions for no reason other than to be argumentative, I imagine.

I signed off no such thing.

Please do not troll someone who is asking for advice. Its really immature.
 

seanpaul

Junior Member
Why would you only inspect only a few of the expensive items?

Yeah, the argument could be made that the damage could have been done by you or your helpers.

It's he said/she said.

You can try and pursue it. ( maybe they have ins. ).

If you paid by CC ,you could try to file a complaint.

Out of curiosity, while you took pics of the furniture damage ,do you also have in place pics of the box damages ( if it exist ). ? Not that it means the damage was already done.

I have my brother, who was witness to the entire process. The lack of inspection of the item in question, a long with seeing the damage was present as soon as we opened the box. In a court, I have a fighting chance. I am not looking to go to court however, which is precisely why I asked about consumer laws.

I know this is 'free advice', but I was hoping someone could actually answer the relevant questions pertaining to consumer law, instead of trying to argue with someone over he said she said semantics.
 

justalayman

Senior Member
what did you sign regarding damages or the condition of the furniture when you picked it up? Did it address latent defects (damage) at all?
 

seanpaul

Junior Member
what did you sign regarding damages or the condition of the furniture when you picked it up? Did it address latent defects (damage) at all?
I only have a invoice that I signed which does not have any warranty terms or any verbage about returns/exchanges/refunds etc. I dont recall signing anything that stated policy or warranty terms.
 

justalayman

Senior Member
so, and just to be sure, you do not believe you signed anything stating the merchandise was accepted in good condition? Unusual.




so, was the corner of the box damaged prior to loading it on your truck? If not, arguing it was damaged upon delivery is going to be difficult.
 

TigerD

Senior Member
I know this is 'free advice', but I was hoping someone could actually answer the relevant questions pertaining to consumer law, instead of trying to argue with someone over he said she said semantics.
You are more than welcome to hire an attorney. Those semantics are extremely important to people versed in the law.

TD
 

seanpaul

Junior Member
so, and just to be sure, you do not believe you signed anything stating the merchandise was accepted in good condition? Unusual.
so, was the corner of the box damaged prior to loading it on your truck? If not, arguing it was damaged upon delivery is going to be difficult.

I do not recall, but im unsure as I am only sure of the invoices I received and can double check. I will only know when I go there tomorrow. I was hoping to have some good consumer protection laws for reference, but so far no one has been able to quote any that may apply. I've gone through CA's consumer section, but its endless pages of legal verbiage and very difficult to sort through.

Its a large furniture piece that was removed from the middle of a big pallet. There were tons of other boxes stacked on top of it. With the way the corner looks, like it was smashed downwards, it appears that something heavy was put on top of it on the edge of the corner. I did not inspect the box, nor did I even think of doing so. We ripped it off, as we had been doing for the other furniture for the past 1.5 hours unloading everything, and when we got to this one we just noticed the damage.
 

seanpaul

Junior Member
You are more than welcome to hire an attorney. Those semantics are extremely important to people versed in the law.

TD
No, they are worthless in this situation, and trying to argue over them is pointless. All that matters is what the specifics of the law state. I will leave it up to the judge to interpret those specifics and make a legal ruling. I did not come here asking for "How do you think a judge will rule on this", I came here asking specific questions about consumer law.

Anyone else who does not have specifics on how consumer law may apply, please do not contribute your nothingness.
 

justalayman

Senior Member
I'm betting you didn't notice the damage of the packaging on the invoice. If you didn't, then it is likely to be presumed it wasn't damaged and due to that, the furniture within was also not damaged.
 

seanpaul

Junior Member
I'm betting you didn't notice the damage of the packaging on the invoice. If you didn't, then it is likely to be presumed it wasn't damaged and due to that, the furniture within was also not damaged.
"Damage of the packing on the invoice" ?

Could you clarify, that does not seem to make sense?

I do not know how to say this anymore clear: Do not make assumptions. There was nothing placed on top of this item in my truck, and there were no items that could have hit it against that corner in the truck. There is no way that item could have gotten damaged in the truck. We opened the box and noticed the damage IN THE TRUCK. We unboxed the items in the truck to better carry them into the house.

I am not asking for anyone to take wild guesses to assign blame. Please stop. I am only asking for pertaining consumer law. If you DO NOT HAVE such information regarding consumer law, then please stop replying. I do not need anyones bull**** thoughts on something they are not present for, and can make no validation on.
 

TigerD

Senior Member
Anyone else who does not have specifics on how consumer law may apply, please do not contribute your nothingness.
Oh, I have the information you seek. I could even quote you the leading relevant court cases and cite to the appropriate statutes. I just don't like your attitude, which is why I suggested you hire an attorney.

Good luck.

TD
 

justalayman

Senior Member
seanpaul;3305390]"Damage of the packing on the invoice" ?

Could you clarify, that does not seem to make sense?
it is a means to protect you from hidden damage without inspecting everything. If the packaging is damaged, you indicated that on the invoice you sign. that way later on if there is damage discovered, it gets taken care of. if there is no damage to the packaging it is presumed the contents are in good condition. If there was damage to the packaging and you failed to make not of it on the invoice, you very well may have lost any chance of winning a claim.


I do not know how to say this anymore clear: Do not make assumptions. There was nothing placed on top of this item in my truck, and there were no items that could have hit it against that corner in the truck. There is no way that item could have gotten damaged in the truck. We opened the box and noticed the damage IN THE TRUCK. We unboxed the items in the truck to better carry them into the house.
it doesn't make any difference.

I am not asking for anyone to take wild guesses to assign blame. Please stop. I am only asking for pertaining consumer law. If you DO NOT HAVE such information regarding consumer law, then please stop replying. I do not need anyones bull**** thoughts on something they are not present for, and can make no validation on.
you go and have a good time with your broken furniture since everything you have said suggests that unless the seller is willing to replace it as a goodwill gesture, you are not likely to receive anything.

I'll go along with the others now; if you have any more questions, hiring an attorney would probably be a good idea.
 

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