# Diamond Living sales agreement



## Deisce (17 Aug 2006)

Hi,
     I don't know if anyone has had experience with diamond living and returns. we bought a 3 and 2 piece suite of furniture off them which was delivered yesterday. When they arrived I quickly checked over them for tears etc and they did the usual stuff of rushing me to sign the docket. I went back to work but when my partner arrived home she noticed that the leather on the two couches was of a different consistency and colour. The three piece was darker brown and shinier (this was blatantly apparent under electric lights that evening.
Diamond living make you sign an agreement which states that you don't have a come back if you sign that you are satisfied with the delivery on the day.
Anyone know if that is legally binding?


Deisce


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## Carmel (17 Aug 2006)

We got a table and chairs from Diamond Living and found them really bad to deal with. 
The table was damaged when delivered (late), luckily we spotted it. Were told that it would 6 WEEKS before they could replace it. Rang after 6 WEEKS and they had no record of it. So it was another MONTH before it was replaced.

That was just one of about 4 problems we had with dealing with them. But I won't rant 

If you don't get a reasonable reponse from them over the phone, write to them, that was the only way we could get any action. 

They have very nice furniture but I would never deal with them again.


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## CCOVICH (17 Aug 2006)

Whatever you sign, I'm not sure that you forfeit/waive your statutory rights. The [broken link removed]may be of assistance in this regard.


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## Superman (17 Aug 2006)

Actually CCOVICH, there are certain rights that are waived by signing.  You are signing to accept delivery (i.e. performance of the contract), and thus you may lose the right to reject the goods. (i.e. reject and ask for your money back)
I think you can still get it replaced though.  I could look it up.


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## ClubMan (17 Aug 2006)

Are you sure about that _Superman_? Signing for delivery just confirms that the goods were delivered. It does not necessarily indicate that the goods were OK or of merchantable quality as is required. I too don't believe that one's statutory rights can be signed away in such a situation. Even if the delivery docket might suggest this to be the case.


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## Bosshog (17 Aug 2006)

ask to speak to Willie Diamond, he is the owner, he is pretty hands on, explain your problem and im sure it will be sorted. he is a reasonable bloke.


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## Superman (17 Aug 2006)

Pretty sure Clubman - it's a rather tricky area of Commercial Law - there is interference from EU Consumer Law Legislation and the 1980's Act on top of the original 1893 Act.  They allow for the right to reject (i.e. reject the goods and get your money back) after some other options have been exhausted (right to cure/repair/replace by the seller).

But the right to reject outright without asking the seller to remedy the situation (i.e. the original 1893 act) is likely to be lost on the "intimation of acceptance".  

This is from pg. 297 of Fidelma White's Commercial Law:
"The buyer loses the right to reject the goods if he indicates to the seller that he accepts them.  Such indication can be in any form, oral, written or by conduct, provided it is clear and unequivocal.  In order to take advantage of this provision, a seller may attempt to get the buyer to sign an "acceptance note" when the goods are delivered.  The effect of such notes is not entirely clear and would depend on the circumstances of the case".

Basically, the best thing to do if forced to signed a docket is to write above your name "The signing of this docket does not constitute an intimation of acceptance" and then sign your name.  There are a couple of areas in law where there are serious traps for the unwary.  This is one of them.


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## Deisce (18 Aug 2006)

Thnaks for that superman, I'll be putting that down from now on. So they are sending an engineer out for a look in next 5 days. Lets hope this will go smoothly. It clearly looks like the two piece was labelled the same leather type as the three piece when it is clearly light brown rather than dark

Deisce


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## Magoo (18 Aug 2006)

Superman said:


> there is interference from EU Consumer Law Legislation and the 1980's Act on top of the original 1893 Act. They allow for the right to reject (i.e. reject the goods and get your money back) after some other options have been exhausted (right to cure/repair/replace by the seller).
> 
> But the right to reject outright without asking the seller to remedy the situation (i.e. the original 1893 act) is likely to be lost on the "intimation of acceptance".
> 
> ...


 
This is not a waiving of rights.  This is giving a confirmation that the item has been delivered in merchantable condition.  In other words, you're accepting responsibility that any damage subsequently discovered was not present at the time of the delivery.  As you've said, the way around this is to add a disclaimer that you're merely signing to confirm delivery - not to confirm that all is in order.  This is reasonable.  After all, if the item was electrical, you mightn't discover the fault until some weeks later.  

Bottom line is that by being asked to sign a delivery note confirming that all is in order, you're effectively being asked to confirm that your statutory rights have been upheld and delivered.  You're not being asked to waive anything.


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## Superman (18 Aug 2006)

Poor choice of words.  
In effect however your right to reject is lost.


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## Deisce (24 Aug 2006)

Well Folks,
               I rang them today and they are delivering out a matching suite next week and taking away the old one. Thanks for your help and advice.


Deisce


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## Megan (24 Aug 2006)

Deisce said:


> Well Folks,
> I rang them today and they are delivering out a matching suite next week and taking away the old one. Thanks for your help and advice.
> 
> 
> Deisce


I think they must visit askaboutmoney website. Name & Shame - great power.


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