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Cooker damaged on delivery

I bought a cooker on a promoted price at a main dealer in Dublin. It was all paid for and delivery was included in the price. When delivered one week later, the cooker broke coming off the truck. The retailer now wants to refund me my €200 because it was the last cooker on clearance. The original price was €700 and promoted price was €200. I want a €700 cooker as replacement and not a €200 cooker. Where do I stand?

A contract has been made to supply a specific type of cooker at a value of €200 and this listener is entitled to that.

 

Under the Sale of Goods and Supply of Services Act the risk to damage of a purchased item remains with the seller until delivery takes place.  Delivery in my opinion here was not complete because the cooker was not brought into the kitchen – it broke coming off the truck. 

 

The main retailer in Dublin is still obliged to honour his contract and if it can’t do so will have to pay you financial compensation which looks to me like €500 (full market price of €700 less the €200 paid) 

 

This listener should draw these issues to the attention of the retailer and if they don’t get satisfaction they can go to the Small Claims Court www.courts.ie 

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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