Re: Checking deliveries
Quite an interesting one this - first of all, it should be remembered that you cannot sign away your statutory rights. When you order goods, you are entitled to expect those goods to be of satisfactory quality - which includes freedom from minor defects etc. Signing that you have received the goods is not the same as signing to say you have received and examined the goods and accept that they are of satisfactory quality.
s.34 of the Sale of Goods Act (as amended) provides – “[unless otherwise agreed], when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract…”
Now, that doesnt necessarily mean on your doorstep - and there is also the argument that if the terms and conditions which bind each sale imply your "unless otherwise agreed" acceptance that you waive this particular right, then Tesco will have covered themselves. I would however argue that such a term is unfair by virtue of the Unfair Terms in Consumer Contracts regs as it would seek to restrict a consumer's statutory rights, and lets not forget of course that a term in a contract cannot take precedence over your rights in law.
Does that help?
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