Pallet Theft

[kamilanwar]

Hi Guys

We handed a pallet with around 60 printers to a logistics company, today they have advised that the pallet has been stolen from there warehouse. Is there anything we can do as they say that they would only compensate us for 600 GBP as stated in there terms and conditions, however, the goods valued around 6800 GBP.

Any advise will be appreciated. IS there anything legally we can do?

Thanks

 

[Michael Gerard]

Kamilanwar,

What do the terms and conditions say about limit of liability?

 

[kamilanwar]

Limitation of Liability
3.1 Any reference to a sum calculated at a rate of £1,300.00 sterling per tonne in clause 11(1) of the RHA Conditions shall be replaced by a sum
calculated at a rate of £5,000.00 sterling per tonne.
3.2 Clause 11.1 of the RHA Conditions shall be subject to a minimum claim value of £150.99 comprising the Consignment.
3.3 Save as for physical loss, mis-delivery of or damage to goods comprising the Consignment which is subject to clause 11 RHA Conditions (as
amended above) or CMR Conditions of Carriage (as applicable) the following provisions set out the entire financial liability of the Carrier
(including any liability for the acts or omissions of its employees, agents, and sub-contractors) to the Customer in respect of:
(a) any breach of this Agreement; and
(b) any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including negligence)
arising under or in connection with this Agreement.
3.4 The Carrier’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent
or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be
limited to £5,000,000 sterling

 

[roydmoorian]

Once bitten - twice shy.

Next time get a same-day quote with £30ks worth of goods in transit insurance.

Where were the printers going from and where to ?

 

[kamilanwar]

They were going to Amazon (FBA) Doncaster. Is there anything we can do at all to claim the money? This seems to be an issue of negligence due to improper security measures, how is it possible to steal, a pallet of 500KG with 60 printers?

 

They were going to Amazon (FBA) Doncaster. Is there anything we can do at all to claim the money? This seems to be an issue of negligence due to improper security measures, how is it possible to steal, a pallet of 500KG with 60 printers?

Thats a question the police should be asking the company.

Probably need the use of a fork lift truck.:|

Paying 600 quid for 6,800 worth of goods seems a good deal to me.

Nasty suspicious old geezer.

 

[roydmoorian]

TW14 to DN3 with a Long Wheelbased 3500kg Van would cost no more than £300 on a sameday dedicated basis and you could load the van with up to 5 pallets just so long as the total load was not over 1500 kgs, £30,000 of goods in transit insurance included.

Individual printers in boxes could be hand unloaded off the proverbial "back of a lorry" without a forklift

As says sirearl - get the police involved.

 

[kamilanwar]

We are now waiting for the investigation report from them. One thing to be noticed here, is that they stated that the break in happened over the weekend; report filed today with the police by them and even before the investigation is finished, we received a claim form from them and on top of that (they asked us if we have another pallet ready to be collected for the same goods).

 

[OldWelshGuy]

We are now waiting for the investigation report from them. One thing to be noticed here, is that they stated that the break in happened over the weekend; report filed today with the police by them and even before the investigation is finished, we received a claim form from them and on top of that (they asked us if we have another pallet ready to be collected for the same goods).

Well so they would, after all they are paying 10p in the pound for printer hardware supply

 

[roydmoorian]

the break in happened over the weekend.

Always worth putting valuable stock on Next Day by MidDay delivery ( Monday, Tuesday or Wednesday dispatch only) so as to minimise exposure time and give the opportunity to chase a late delivery before a weekend , but as it was going to an Amazon Dis. Centre there can often be problems getting the goods accepted in.

Amazon delights in erecting obstacles to delivering in to them.

 

[kamilanwar]

The earliest booking we had with Amazon was for Tuesday 18th at 14:00 PM.

 

We are now waiting for the investigation report from them. One thing to be noticed here, is that they stated that the break in happened over the weekend; report filed today with the police by them and even before the investigation is finished, we received a claim form from them and on top of that (they asked us if we have another pallet ready to be collected for the same goods).

Greedy buggers.

 

[internetspaceships]

Hi Guys

We handed a pallet with around 60 printers to a logistics company, today they have advised that the pallet has been stolen from there warehouse. Is there anything we can do as they say that they would only compensate us for 600 GBP as stated in there terms and conditions, however, the goods valued around 6800 GBP.

Any advise will be appreciated. IS there anything legally we can do?

Thanks

We regularly ship on pallets OP. Talk to your pallet company next time as there will be a "higher rate for high value goods" which you should only need to stipulate on your ordering procedure. We get £10,000 per tonne as standard using this procedure.

We use the Palletline network if that helps. With regards to what you can do right now, sadly apart from informing the Police, there's very little you can do. Marine insurance is also worth looking at because it pays out the invoice value of the goods you sold, and we use this as it has a limit of £30,000 per consignment. Even shipped from A to C without the goods even landing in our warehouse.

p.s. I ship pallet loads of IT equipment so I feel your pain. If you need any help please feel free to drop me a PM and I'll gladly help out.

Jon

 

[[email protected]]

You may be covered on your business contents insurance, worth a look.

 

[david.waller]

Hi There,

If you have handed over GBP 6,800 worth of computers, I assume you took out goods in transit insurance or cargo insurance.

In that scenario, when a theft occurs, you can merely call the insurer and put your claim in for the stolen goods. The insurer should pay out the GBP 6,800 minus any excess/deductible. From here they will assume your rights of subrogation against the logistics company and seek compensation from them accordingly. Logistics companies always limit their liability as they will contract on a CMR or RHA basis.

Looking at their limitation of liability clause, it appears they limit liability to GBP 5,000 per tonne with an overall aggregate limit of GBP 5,000 any one claim. As you gave them 500kg of goods, it would therefore suggest their liability is limited at GBP 2,500 (as half a tonne was given to them). Insurers will look to recoup this GBP 2,500 from the logistics company by claiming from the logistics company's freight liability insurance.

As the storage theft took place at the logistics company warehouse, it is their duty to inform the police and if it hasn't then you should inform the police accordingly. Once that is done, the job of finding the thieves is down to the police.

Hope the above helps.

PS. If you do not currently buy goods in transit insurance or cargo insurance then it will be up to you to reclaim your costs from the logistics company yourself. The best way to do this is to ask for the details of their insurer and contact them, but this will be limited to their liability (I reckon GBP 2,500 according to the clause you attached). Beyond this, the only way you can recoup the rest of your loss is if the culprits are caught.

If you need help in obtaining insurance for your goods in transit / cargo, I may be able to help you. PM me if you want any help.