Courier Companies...can I claim for damaged items?

[Nikohl]

I cunrrelty use APC couriers to ship my products throughout the uk. They are large personalised toy boxes and are currently deemed as furniture by APC. Therefore they refuse to compensate me for damaged as the item is not flat packed.

I then have to replace the damaged item at a cost to myself and pay to ship the replaced item. I’m wondering if there is an independent body that can advise whether they can impose this term or whether I can argue that this is an unfair term of contract and the service has not been carried out with reasonable care and skill?

Any information would be grateful.
Thanks

 

[Mr D]

There is an independent body. Its called a court.

If you thought the terms unfair why did you agree to them?

 

[Nikohl]

I do apologise Mr D....

Silly me thought this was a forum to get help from others, not to be belittled. Why even comment?

 

[Mr D]

I do apologise Mr D....

Silly me thought this was a forum to get help from others, not to be belittled. Why even comment?

Because you asked. You weren't being belittled.
If you don't want the help just say.

What can you do to protect the items from being damaged? Are the damages always consistent? Or do they vary as to what part is damaged or how its damaged?

 

[Nikohl]

Very much want help, or would not have posted here. I felt your first answer was very abrupt and states the obvious. I am very aware I can go to court, was just looking for advice before filing a complaint with RetailADR.

Thanks for replying with a more in depth answer. They are packaged with every possible prevention from damage. Cardboard protectors, polystyrene corners, bubble wrap, cardboard box and shrink wrap, it's quite costly.

It is usually a certain part of the item that gets damaged, meaning I have to replace the item which is a big cost to me.

 

[Alan]

is an independent body that can advise whether they can impose this term or whether I can argue that this is an unfair term of contract and the service has not been carried out with reasonable care and skill

This sounds like a business to business transaction, and despite not liking Mr D's answer, a B2B contract has little protection as businesses are meant to be able to read and understand terms and conditions, totally different to consumers.

IaNL but it may be possible to argue unfair contract terms if liability is restricted regardless of fault, obviously proving fault may be an issue. Perhaps, if the loss is material, send a letter from lawyer.

 

[Mr D]

Very much want help, or would not have posted here. I felt your first answer was very abrupt and states the obvious. I am very aware I can go to court, was just looking for advice before filing a complaint with RetailADR.

Thanks for replying with a more in depth answer. They are packaged with every possible prevention from damage. Cardboard protectors, polystyrene corners, bubble wrap, cardboard box and shrink wrap, it's quite costly.

It is usually a certain part of the item that gets damaged, meaning I have to replace the item which is a big cost to me.

While your lawyers can argue with their lawyers about the classification or treatment of the parcel the independent body who can decide on contracts is the civil court. Its obvious but people do come on here missing the obvious at times.

I can visualise all that packaging on the item, you'd expect it to be as protected as realistically going to be. As you say, expensive.

Is it marked 'fragile'? Some places treat them differently. Not necessarily better, but differently.

 

[Nikohl]

Thanks for clarifying Mr D, I was hoping that there was possibly another way to deal with the situation before heading down the route of a court case.

I was wondering whether there was an independent body I could seek advise from with regards to the situation that I am dealing with. Like an Ombudsman you have for bank complaints.

Yes, all the items are booked under Fragile, which also states that any parcel booked under Fragile is not put on a conveyor and only moved by hand.

 

[pelparc]

This sounds like a business to business transaction, and despite not liking Mr D's answer, a B2B contract has little protection as businesses are meant to be able to read and understand terms and conditions, totally different to consumers.

Has anyone here actually renegotiated courier t&c's? I would suspect that unless you send a massive amount they wouldn't be remotely interested. Leaving businesses with no option other than to accept the conditions.

We hardly send anything via couriers anymore due to damage and losses opting for Royal Mail who out perform all by miles. Obviously for large toy boxes this wouldn't be an option. For the times we do use a courier we now use UPS as they appear to be the only ones who don't actually exclude almost everything. You do have to book direct with them and not through any third parties. Might be worth looking at for future shipments.

 

[Chris Ashdown]

If the same part is getting damaged then its obviously your fault in either design or packaging, not what you want to hear but rather obvious.

You can take out insurance but if it keeps happening then the rates will be silly money

Have you tried other couriers

All courier's contracts are unfair in my eyes, but must be pretty watertight to get away with them and no responsibility for damage apart from a token payment if you jump through enough hoops

If your customers are reasonably local say 50 miles then a local small courier may be better than the large ones but cost more

 

[antropy]

If the same part is getting damaged then its obviously your fault in either design or packaging, not what you want to hear but rather obvious.

I wouldn't say your fault, but I would say Chris is right that the best solution would be a technical one that just stops the problem happening, I'm sure there's a good solution.

 

[Paul Norman]

Sadly, it is unlikely that you have any redress, and unlikely that an expensive court case would be worth your while.

However, different couriers have different terms and conditions. It sounds like it is time to shop around.

There is another point, already mentioned.

When packing to dispatch through a courier you must apply the drop test. Assume that someone, working nights, in a warehouse, on minimum wage, will make a fairly significant effort to break your parcel. At the very least, it is not going to get put down gently.

Adjust your packaging to reflect this. As you are shipping what I assume is fairly heavy, and is rigid, this becomes harder, sadly.

 

[Mr D]

Sadly, it is unlikely that you have any redress, and unlikely that an expensive court case would be worth your while.

However, different couriers have different terms and conditions. It sounds like it is time to shop around.

There is another point, already mentioned.

When packing to dispatch through a courier you must apply the drop test. Assume that someone, working nights, in a warehouse, on minimum wage, will make a fairly significant effort to break your parcel. At the very least, it is not going to get put down gently.

Adjust your packaging to reflect this. As you are shipping what I assume is fairly heavy, and is rigid, this becomes harder, sadly.

Used to have a supplier that performed their own 3 foot drop test. Reasonable you think?
Then one day the boss of the sales reps was visiting a customer with a trainee when they had a delivery from his company via a courier truck. Delivery driver was chucking the boxes to the ground from the truck bed. More than 3 feet.
The supplier changed delivery company in a hurry but also improved their packaging to survive bigger falls.

 

[Chris Ashdown]

If you get pallet deliveries you can take them apart and make good protective boxes for nearly free, but unfortunately it does add shipping weight

 

[Minuteman Press]

We courier every day multiple deliveries. Research couriers and the varied services they offer. Also insurance options. Contracts can be negotiated if required. Some excellent couriers around, though all subject to jorney nodes (other providers en route).

Adequate packaging and encourage clients to decline deliveries where damage is visible.

Move on.

 

[FrontierMan]

If you get pallet deliveries you can take them apart and make good protective boxes for nearly free, but unfortunately it does add shipping weight

Or you could use the pallet to send your goods on.............