Item sent for repair damaged in transit

Equaliser123

CoolHotCold wrote: »

But that does that mean the entire T&C are void, or that in certian circumstances it becomes void.

No. The particular clause which Custardy pointed out would be void.

Ultimately, if they collected the item then I think OP is on the stronger evidential ground.

CoolHotCold

Equaliser123 wrote: »

No. The particular clause which Custardy pointed out would be void.

Ultimately, if they collected the item then I think OP is on the stronger evidential ground.

So then they completely omit any admittance of liability if it gets damaged in transit under their T&C then if that clause is void.

Then it would come down to care and what a judge would rule on then, and my point about negligence (because to be honest I'd classify the OP as negligence in his packaging) and how a judge would rule on the T&C's ambiguity stands.

lovinituk

Equaliser123 wrote: »

No. The particular clause which Custardy pointed out would be void.

Ultimately, if they collected the item then I think OP is on the stronger evidential ground.

Not if he didn't pack it right!! Jeez, why can't people take some responsibility for their own actions! Its always someone else's fault these day. They do something stupid and expect someone else to pay for their mistakes.

Thomas_Hardy

ryantcb wrote: »

I just seen the crease but explain the scratches? Also the item wasnt shipped it was collected. No where does it say in their T&c's that I must package item in certain way for them to collect it.

There is an implied duty on the sender of an item to package the item adequately. This is common sense, it does not need to be spelt out. In fact you knew this because you put it in the box, you knew it needed to be protected, unfortunately you did not protect it adequately.

ryantcb

I did miss out the top section of polystyrene protection. But not inlcuding it does not excuse the fact that something has struck it hard enough to dent the metal, scratch the case and smash the screen.
Not putting the polystyrene in the box didnt smash the computer, poor handling whilst in transit did.

CoolHotCold

Doesn't matter, there is a reason you pack a item with protective padding, so the padding takes the damage and not the item you want to protect.

I'm sorry if you feel everyone ganging up and you're not getting the response you wanted but you neglected to protect your item and as such liable for the damage. It's really a moot point if something caused enough damage to break the item even with packaging, because you didn't protect it.

Yes if the item was protected it may still of gotten damaged, but the issue is you didn't protect it and as such liable for the damage caused.

ryantcb

Thomas_Hardy wrote: »

There is an implied duty on the sender of an item to package the item adequately. This is common sense, it does not need to be spelt out. In fact you knew this because you put it in the box, you knew it needed to be protected, unfortunately you did not protect it adequately.

I think because they used their own courier and they have the contract with them. The contract which would state the courier is not liable for any item damaged if not packaged correctly. That is an agreement between the courier and the company handling my item. I don't have any such contract. If a courier can exclude themselves from liability in their T&C's if item is packaged in correctly then surely the party handling my item should have the same terms. If they don't then they must be liable, as they say themselves they are.
As far as the courier is concerened the party with whom they have the contract is liable for the packaging which is the company handling my item.

ryantcb

CoolHotCold wrote: »

Doesn't matter, there is a reason you pack a item with protective padding, so the padding takes the damage and not the item you want to protect.

I'm sorry if you feel everyone ganging up and you're not getting the response you wanted but you neglected to protect your item and as such liable for the damage. It's really a moot point if something caused enough damage to break the item even with packaging, because you didn't protect it.

Yes if the item was protected it may still of gotten damaged, but the issue is you didn't protect it and as such liable for the damage caused.

No I don't feel ganged up on :-) Im just trying to argue every angle as by doing so I know where I stand (or not) when speaking with the company concerned

CoolHotCold

While they didn't state in the T&C items must be packed correctly, it does state a seemingly unfair T&C clause and I suspect Amsys can challenge in court that it is unfair on them to repair or replace a item due to a customer negligence even though the T&C don't state that.


Remember Unfair Contract T&C are there to protect both consumer and business.



Also did you contact Apple first and they involved Amsys, or did you contact Amsys on your own?

ryantcb

CoolHotCold wrote: »

While they didn't state in the T&C items must be packed correctly, it does state a seemingly unfair T&C clause and I suspect Amsys can challenge in court that it is unfair on them to repair or replace a item due to a customer negligence even though the T&C don't state that.


Remember Unfair Contract T&C are there to protect both consumer and business.



Also did you contact Apple first and they involved Amsys, or did you contact Amsys on your own?

Apple contacted them for me.

I can't claim off courier for damages because I didn't have contract with them, Amsys did. Im sure the couriers T&C's said the item needed to be packaged correctly and as the other party of that contract Amsys needed to ensure it was. If I had arranged the courier then that would be my liabilty.
My contract is with Amsys and I am bound to thier terms not the terms of the courier.
Amsys are responsible for the packaging as far as the courier is concerned. Then they are the ones who during transportation needed to ensure it was pacakged correctly. Am I right?