Is a supplier responsible for damage caused to other property during delivery

daisymeg

Hi

Can anyone help please?

I ordered 2 tonnes of gravel from a company who inturn instructed a courier firm to deliver.

The gravel arrived yesterday but the courier has caused damage to my new drive. I was watching out of the window as the courier brought the pallet truck down the drive. However, as my drive slopes down, the truck started to pick up spped and in order to slow it down, the courier quickly lowered the truck, it eventually slowed but it has caused quite a bit of damage.

My drive was laid in August 2012 and now I have chunks of tarmac missing and wheel marks the length of my drive. :eek:

Is the supplier of the goods responsible for the courier who caused the damage?

I did not notice the damage straight away as I did not go out to the driver as I felt unwell.

Can I claim against the supplier of the goods or the company who delivered the goods?

Thanks for your help in advance.

Fire_Fox

Complain in writing to who you paid and who you are contracted to. If you did not instruct the courier you have no contract with them.

daisymeg

Thank you. I will contact the supplier tonight. x

ValHaller

Fire_Fox wrote: »

Complain in writing to who you paid and who you are contracted to. If you did not instruct the courier you have no contract with them.

Pursue the carrier in the first instance. Indirect damage - ie not to the supplied goods can be taken up directly with the responsible party regardless of contract arrangements.

To pursue the contracted supplier would require vicarious liability to be invoked. Which would be appropriate if the courier were actually an employee of the supplier. But as the courier is a company in their own right, they can be held directly responsible.

Valli

And take photos of the drive.

Any chance you have any paperwork regarding the laying of the drive and or any photgraphs which would confirm it was in good condition, recently laid and undamaged prior to this happening?

Hintza

What actually caused the damage? I hope it wasn't the wheels when he braked. From what you say it sounds like something else.

daisymeg

Thank you all for the responses. I have taken pics of the damage, unfortunately I do not have any taken before this. I do have all the original paperwork dated Aug 2012 from the company that laid the drive though.

The damage appears to be a combination of the wheels and as the pallet was lowered, dragged and dug into the tarmac.

I will also contact the couier as well as the goods supplier.

Thank you

dacouch

Have a read of any paper work you have from the supplier, Skip companies generally exclude damage to drives, aggregate suppliers may also have a similar exclusion

daisymeg

Thanks, have already checked the terms and conditions and there is no mention of exclusion clauses with regards to damage caused during delivery.

In fact the terms and conditions merely state about level access being available with hard standing. It goes onto state that it is the driver's discretion as to where to leave the goods. It does state that they will not leave on gravel or uneven areas. No mention of liability should damage be caused.

cheers

mo786uk

My initial thought is to pursue the supplier as your contract is with them and they have caused the damage through their agent

If that fails you may be able to pursue the courier under the tort of negligence - you would have to read up to see if it fits.

Valli

Might be worth you contacting the people who laid the drive and getting a quote for repair; since that would be the amount you will have to sue for if it comes to that; also you will be forewarned about the likely cost of repair and not likely to accept an offer of compensation that's too low.