Sunday, March 4, 2012

Damage to PC in parcel delivery?

We sent a parcel with a laptop in it via a courier firm.

It has arrived with the screen damaged.

The firms T%26amp;Cs basically say the max compensation available is the charge for delivery.



I accept that the T%26amp;Cs do limit compensation - but this gives the firm no incentitve to do a good job - what does the law say on this subject?



(To be also fair to the firm - I'm sure some people also send a broke laptop with them in the hope of getting a new one! so they need to protect themselves to a fair degree).Damage to PC in parcel delivery?
The firms T%26amp;C does not have any basis in law, the goods should be fit for purpose and be of satisfactory quality. Write or email the company reminding them of their responsibilties under the sale of goods act 1979.

Tell them that if they do not reimburse you for the full cost of the goods you will issue a summons against them in the County Court. (It doesn't cost very much) Go to the CAB, they will advise you.Damage to PC in parcel delivery?
You don't say who you sent to parcel to.If it was sent back to the original seller then the original terms of sale would probably say that returns were sent at your risk i.e up to you to insure them against damage in transit.



Courier firms do carry "goods in transit" insurance but this usually to protect them against theft not neccessarily to provide compensation to customers for damage in transit.Your rights if any against the courier are containd in their T%26amp;Cs.They cannot legally exclude liability for goods damaged in transit due to their poor handling but they are more likely than not able to justify limiting liability if it is reasonable to do so in the circumstances.



If as you say the maximum compensation is the delivery charge then you may have to bear the cost of the screen damage yourself.Damage to PC in parcel delivery?
If the gods were signed for unchecked when they were delivered then the person who has it now is covered legally against you and the courier, i would go to legal aid and see what my options were. If you are going to send fragile goods by courier have the packaging ready when the courier comes show him the goods pack it up and have him sign his sheet goods undamaged, you make sure you get a copy. To the person who receives the goods have them check the packaging any breaks or dents open it and check the goods. Any damage they write on his sheet what the damage is and keep a copy. no comeback on anyone. The couriers insurance will have to cover the damage.
I believe a courier firm is required to offer an insurance policy - usually at an additional cost, if they do and you didn't opt for it then nothing can be done.



Also things like making sure the package was labelled fragile please handle with care can make a difference. If this was clearly labelled they could be done for negligence I would expect.



I would contact trading standards though to get the ins and outs of where you stand.

No comments:

Post a Comment