Item damaged in transit - where does liability lay?

sonypc100

Hi

Seller had an item on sale as collection only, but I contacted them and asked them if they would be prepared to ship, they said yes, if I arranged a courier and that they would package the item sufficiently for courier transportation.

I used interparcel as the agent and TNT as the courier.

The item arrived with damage and will not work without extensive repairs which will cost at least half its purchase price.

For a big weighty item the seller had done nothing more than wrap some bubble wrap around it.

When booking the courier I had not clicked on the t&c link to see the exclusions but sure enough after calling them, they exclude the item from insurance cover.

So is it the sellers responsibility to ensure the item arrives in the condition it was sold or would the only course of redress be via the courier if the item wasnt on thier exempt list?

Thanks

Mark

pinkshoes

If the courier broke the item in transit, and you booked the courier (rather than collecting item), then the contract is between you and the courier.

It's not the seller's fault. They probably didn't want to offer courier and delivery as they didn't have anything to wrap it up in. You should have liaised further with the seller to see if they had the means to wrap it up sufficiently.

martindow

This is always a potential problem where one person packs an item and another arranges carriage. The normal rules about the sender being responsible until the item arrives does not apply here as you have taken over responsibility for the carriage. Sorry, but I don't think you will get very far unless you can appeal to the buyer's better nature and they agree to share some of the loss. Maybe they feel a bit guilty as they probably know it wasn't that well packed.

withabix

When I sell things on 'collection only', if someone wants to have it delivered, I either:

a) charge them for packaging and let them arrange the courier
b) give them a price for delivery, packaging and insurance
c) ask them to arrange a courier with packing service (available for large items such as furniture or bikes etc)

To make sure there are no comebacks of the 'eBay type', I make sure the packaging/delivery payment is separate and doesn't appear with the ebay payment.

sonypc100

Was on hold waitng for ebay while I typed my question on here - thanks for the replies.


They say that it is the senders responsibility to ensure the item arrives in the condition it was bought - suppose it makes sense really, otherwise a seller could pack a mink vase is a large padding free envelope and shrugg thier shoulders when it arrived smashed.

Pinkshoes, if someone asked me if I could send a collect only item via courier, I would only reply yes if I was satisfied I could correctly package it to ensure safe transit. As was the case with the seller in this scenario. I dont think its down to the buyer to then ask if bubble wrap would be used and how many bubbles per square inch, would it be sellotape or brown tape, how thick would the cardboard be etc etc etc

1984ReturnsForReal_2

sonypc100 wrote: »

Was on hold waitng for ebay while I typed my question on here - thanks for the replies.


They say that it is the senders responsibility to ensure the item arrives in the condition it was bought - suppose it makes sense really, otherwise a seller could pack a mink vase is a large padding free envelope and shrugg thier shoulders when it arrived smashed.

Pinkshoes, if someone asked me if I could send a collect only item via courier, I would only reply yes if I was satisfied I could correctly package it to ensure safe transit. As was the case with the seller in this scenario. I dont think its down to the buyer to then ask if bubble wrap would be used and how many bubbles per square inch, would it be sellotape or brown tape, how thick would the cardboard be etc etc etc

You are already blaming the seller not the courier who should of refused to take it or yourself.

lindseykim13

sorry but ebay cust services advisors aren't always accurate. I don't think the seller is to blame although i suspect if you claimed SNAD through pp you would win. Doesn't mean i think its right or fair after all it was upto you to check the couriers exclusions.

sonypc100

1984ReturnsForReal wrote: »

You are already blaming the seller not the courier who should of refused to take it or yourself.

And packaging a 55kg item with nothing more than bubble wrap does not warrant some blame on the sellers part?

1984ReturnsForReal_2

sonypc100 wrote: »

And packaging a 55kg item with nothing more than bubble wrap does not warrant some blame on the sellers part?

What courier did you use? (edit: Answer - TNT)

How much did it cost?

What was the item?

How much was the value of the item?

Did the seller tell you it was your responsibility to sort it out?



Either way. If you go down the refund route you won't get a penny unless you send it back properly at your own cost.

Loads more information required for me to pass judgment.

withabix

sonypc100 wrote: »

And packaging a 55kg item with nothing more than bubble wrap does not warrant some blame on the sellers part?

That probably should have been a pallet delivery for a start. Did you pay for that?

From an HSE perspective, that could have required 3 people to deliver it.

You will have to return it at your cost as well.

sonypc100

withabix wrote: »

That probably should have been a pallet delivery for a start. Did you pay for that?

From an HSE perspective, that could have required 3 people to deliver it.

You will have to return it at your cost as well.

This is where it gets messier, before booking the courier I asked the seller for the collection address and the dimensions and weight so I could book and pay for the courier.

I duly input these and paid. HOWEVER he told me the weight was 25kg which I put down, he later admitted (after the delivery) that he only told me that so the courier would collect it without a pallet which he didnt have!