Item sent for repair damaged in transit

ThumbRemote

lovinituk wrote: »

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.

Can you point out the exact bit in the terms that says how the item should be packed for a courier collection?

Try to get this into your head: the OP didn't courier the item, the recipient arranged a courier to collect an item. Therefore, from the point the courier accepted the item, it became the recipients responsibility.

Just like if you order off ebay, you collect it in you car, and crash on the way home, it's your fault.

ryantcb

ThumbRemote wrote: »

Can you point out the exact bit in the terms that says how the item should be packed for a courier collection?

Try to get this into your head: the OP didn't courier the item, the recipient arranged a courier to collect an item. Therefore, from the point the courier accepted the item, it became the recipients responsibility.

Just like if you order off ebay, you collect it in you car, and crash on the way home, it's your fault.

That's the point im trying to make. Recipient is responsible for the item in transport due to them arranging the courier service. Any damage in transport would normally be covered by the courier and if courier has in thier T&C's that items damaged by poor packaging are not covered then then party who hired the courier shoulder the blame. As they are the ones who hired the courier they are the ones responsible for any items.

To use the eBay scenario. You order an item off me and get a friend (courier) to collect it in thier car. They leave it on the roof as the pull away and it smashes am I responsible for the poor service of your friend (courier) or are you because you chose them to collect the item for you?

CoolHotCold

No to use a ebay senario I would go with you're selling a iMac online for collection only, I win but arrange my own courier, however you don't package it correctly and it's damaged.
I'd get my money back from you 99.9% sure, even though no courier covers damage and even though you'd had no contract with the courier, I'd still win the paypal dispute.


The point is, expecting a company to repair or replace a item due to your negliglence is a unfair assumption and would probably fall under a unfair contract act.

ryantcb

CoolHotCold wrote: »

No to use a ebay senario I would go with you're selling a iMac online for collection only, I win but arrange my own courier, however you don't package it correctly and it's damaged.
I'd get my money back from you 99.9% sure, even though no courier covers damage and even though you'd had no contract with the courier, I'd still win the paypal dispute.


The point is, expecting a company to repair or replace a item due to your negliglence is a unfair assumption and would probably fall under a unfair contract act.

Yes but it would be in your packaging not mine. If you want it protected pay for protection. Else you could send me a carrier bag and expect it to arrive intact.
And to use your point, the item is for collection. Packaging and transport is your responsibility. If I had charged you for it, then it would be mine.

Nilrem

ryantcb wrote: »

Yes but it would be in your packaging not mine. If you want it protected pay for protection. Else you could send me a carrier bag and expect it to arrive intact

Not likely, as Ebay would probably expect the seller to package the goods appropriately for however it was being sent regardless of who paid for the courier..

Couriers do not have anything to do with packaging items.

I'll repeat that couriers DO NOT package items.

It's not their job.

their job is to move a package from A to B, if you're lucky a courier who isn't too busy might say "that's not good mate, you need more packaging" if it's obvious something is not packaged properly, but that is more than they are required to (and if an item is boxed without the original foam protectors they can't tell).

The person sending the item is responsible for packaging it correctly under every couriers T&C I've ever seen, and under almost all RMA terms I've seen by companies, regardless of if they are the ones arranging the courier or not*.

A courier might, I say, might offer something like a branded bag to put the packaged item in, but that bag is there to hold the address for the item (and often for advertising/branding), by providing a plastic bag they aren't saying "here put your crystal decanter in it without any further protection".

It's why almost every package I've ever received in one of those courier (or SD) bags has been in it's own packaging, often if at all delicate with additional padding wrapped round it.

Mind you, I'm saying all this as one of those people that tend to be paranoid about packaging when sending stuff (probably because I've seen the difference poor packaging can make), but even if I wasn't, I wouldn't send an expensive item anywhere in only partial packaging, what allowed it to rattle around loose, and didn't protect it as the packaging was obviously designed to (there is a very good reason the likes of Apple, Dell, Sony etc spend money on the foam inserts).

*I've only ever had two RMA's where I didn't have to provide the packaging myself, both fairly high end monitors. One was a 21" sony CRT where due to the size/weight a specialist courier was used, and he bought the replacement in a flight case, and swapped the dead monitor into that case, the other was a Dell monitor where dell delivered the replacement on Day 1 and collected the old one in the new ones packaging on Day 2.

lovinituk

ThumbRemote wrote: »

Can you point out the exact bit in the terms that says how the item should be packed for a courier collection?

Try to get this into your head: the OP didn't courier the item, the recipient arranged a courier to collect an item. Therefore, from the point the courier accepted the item, it became the recipients responsibility.

Just like if you order off ebay, you collect it in you car, and crash on the way home, it's your fault.

Its common sense - try to get that into your head!

ThumbRemote

lovinituk wrote: »

Its common sense - try to get that into your head!

The law overrules common sense.

lovinituk

ThumbRemote wrote: »

The law overrules common sense.

Ha ha! Good luck with that one!!! :rotfl:

custardy

ryantcb wrote: »

Yes but it would be in your packaging not mine. If you want it protected pay for protection. Else you could send me a carrier bag and expect it to arrive intact.
And to use your point, the item is for collection. Packaging and transport is your responsibility. If I had charged you for it, then it would be mine.

so why did you put it in a box at all?

shaun_from_Africa

ryantcb wrote: »

Here is the photo they sent me of the damage. They photo isn't great but you can make out the dent and the scratches. They say the box is undamaged and from the photos it looks that way too. So if the box is undamaged and the casing has been scratched then this is not because of the top layer of polystyrene being missing its happend after the box has been opened because I may be stupid but can you scratch through a box and not damage the box?

This is from thier T&C's

Personally, I can see one way that the damage could have easily happened in transit.

As the packing is missing from one end of the box, the computer could easily slide up to that end, and as the power lead and plug is clearly shown as being loose, this could have ended up between the top of the computer and the end of the box.
The total weight of the computer would then be pushing on a very small area which could easily cause the dent. and the metal pins of the plug would explain the scratches.