Bumper damaged by courier

ArranG

Arranged a courier to pick up a bumper I bought from a guy on a forum.

Bumper was bent and has caused the paint to crack from stress.

The courier was Paisley Freight but they used TNT.

I paid for a specific "bumper courier" service. Surely they should be able to provide this service with care.

Baring in mind the bumper was wrapped in bubble wrap and cardboard.

I saw it in the back of an empty van, propped on it's side (being bent) at the back. Now if they are selling this bumper service surely they should be able to transport it without it getting damaged as they know its fragile.

After emailing them they have said they that it comes under their restricted items list so no insurance but they will refund the £25 cost as a goodwill gesture.

My reply:
So regardless of your restricted items list, you are a courier offering a "bumper courier" services specifically for these items, which you know are fragile, however don't take due care and attention in making sure they aren't damaged when someone pays you to transport them.

There is no excuse for the bumper to be propped up on it's side, putting stress on the bumper causing it to bend, when you know what the product is and have advertised the service for this specific product. The damage to the product is in excess of £150.

Surely you can't be advertising a service you cannot provide.

I was told you were a reputable company and have trusted you to provide a service I have paid for. You can't simply fall back on your restricted items list when you have taken no care with a customers valuable product.

Regards"

Found this information on here:
Supply of Goods and Services Act 1982:
Quite simply, it demands that any service provided in England, Wales and Northern Ireland (common law in Scotland has similar effect), should be carried out with...

Reasonable care and skill,
Within a reasonable time and
At a reasonable cost

Any ideas what I can do?

MamaMoo_2

Hmm, it's a bit iffy really. Whilst they do offer a bumper courier service, they also state quite clearly that

* We do not provide insurance cover for these items except for total loss in transit cover.

You may, however, be able to claim through the small claims court as, although they do try and absolve themselves of any responsibility with their disclaimer, from what you say it was clearly damaged due to blatant negligence due to the way it had been transported. The only problem is proving this. Did you take any photos of it in the van?

I would write to the company again asking for reimbursement of the cost of repairing the bumper (get several quotes so they, and a judge, can see that you have mitigated your losses). If you hear nothing back, or get an unsatisfactory response, send them a letter before action.

If no joy, follow through and take them to court. It could go either way, but it's your only option other than absorbing the loss.

Whilst they don't offer insurance, they still have a duty of are. They say its a "restricted item", but happily offer to carry it. They can't have it both ways.

arcon5

Quote:
* We do not provide insurance cover for these items except for total loss in transit cover.


I'd interpret total loss to mean in cases where the item is lost in transit rather an just damaged.

I'd use this is a starting point

ArranG

MamaMoo wrote: »

Hmm, it's a bit iffy really. Whilst they do offer a bumper courier service, they also state quite clearly that

You may, however, be able to claim through the small claims court as, although they do try and absolve themselves of any responsibility with their disclaimer, from what you say it was clearly damaged due to blatant negligence due to the way it had been transported. The only problem is proving this. Did you take any photos of it in the van?

I would write to the company again asking for reimbursement of the cost of repairing the bumper (get several quotes so they, and a judge, can see that you have mitigated your losses). If you hear nothing back, or get an unsatisfactory response, send them a letter before action.

If no joy, follow through and take them to court. It could go either way, but it's your only option other than absorbing the loss.

Whilst they don't offer insurance, they still have a duty of are. They say its a "restricted item", but happily offer to carry it. They can't have it both ways.

Unfortunately I don't have any pictures. I have quotes of £150 and £220 including VAT for a full respray of the bumper.

That's the thing I don't understand, how can you clearly advertise a service SPECIFICALLY for a part which is a restricted item?

They have replied with this:
When making the booking on line with our company we tell you in the booking process and also our restricted items list that we cannot offer goods in transit insurance on bumpers so you have agreed to this so unfortunately if any damage has occurred whilst in transit we are unable to proceed with any insurance claim on this product
very sorry

How would I go about replying now?

State about the quotes, say how they have a duty of care and it's not the fact that the item was fragile that it was damaged, it was due to negligence...

ArranG

arcon5 wrote: »

Quote:
* We do not provide insurance cover for these items except for total loss in transit cover.


I'd interpret total loss to mean in cases where the item is lost in transit rather an just damaged.

I'd use this is a starting point

that's how I see it too.

How can I use this as a starting point sorry I'm confused :huh:

MamaMoo_2

ArranG wrote: »

Unfortunately I don't have any pictures. I have quotes of £150 and £220 including VAT for a full respray of the bumper.

That's the thing I don't understand, how can you clearly advertise a service SPECIFICALLY for a part which is a restricted item?

They have replied with this:
When making the booking on line with our company we tell you in the booking process and also our restricted items list that we cannot offer goods in transit insurance on bumpers so you have agreed to this so unfortunately if any damage has occurred whilst in transit we are unable to proceed with any insurance claim on this product
very sorry

How would I go about replying now?

State about the quotes, say how they have a duty of care and it's not the fact that the item was fragile that it was damaged, it was due to negligence...

I would state that as they agreed to carry the item, once that item was in their possession they had a duty of care. The damage was not accidental, and was down to negligence. If they offer a service so specific, they should at the very least use a courier who knows how to carry the item.

tinkerbell28

I would say that could be an unfair term. If they offer something so specific, they should be able to transport it and cover it.

Offering the service, but outright refusing to cover it, even with extra insurance. Seems a bit of an unfair clause.

unholyangel

You can use it as a starting point as effectively, such a term allows them to be negligent with impunity.

MamaMoo_2

ArranG wrote: »

Unfortunately I don't have any pictures. I have quotes of £150 and £220 including VAT for a full respray of the bumper.

That's the thing I don't understand, how can you clearly advertise a service SPECIFICALLY for a part which is a restricted item?

They have replied with this:
When making the booking on line with our company we tell you in the booking process and also our restricted items list that we cannot offer goods in transit insurance on bumpers so you have agreed to this so unfortunately if any damage has occurred whilst in transit we are unable to proceed with any insurance claim on this product
very sorry

How would I go about replying now?

State about the quotes, say how they have a duty of care and it's not the fact that the item was fragile that it was damaged, it was due to negligence...

You could also add that said negligence could be considered a breach of contract, for which they can be held responsible for provable losses incurred from such a breach.

Incidentally the actual carrier, TNT, is a member of BIFA and agrees to abide by their standard trading conditions, which includes

LIABILITY AND LIMITATION
23 The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment.

They've clearly failed to do this.

ArranG

I have replied using your information. Many thanks. I'll let you know their reply

ArranG

Their reply:
As clearly stated when you make the booking on our website our booking form and our restricted items list does tell you that we do not offer goods in transit insurance on this product so you have the choice whether to accept it or not so you have proceeded with the booking therefore if something does happen to the item we are unable to proceed with any insurance claim. We cannot offer goods in transit insurance because our brokers are unable to do this due to the type of freight it is and thats the reason why we have a restricted items list so you know in advance. very sorry Jennifer


My email that their reply was to:
Quote "We do not provide insurance cover for these items except for total loss in transit cover." Such a term allows you to be negligent with impunity.!If you offer something so specific, you should be able to transport it and cover it. Therefore this is!an unfair term.You agreed to carry the item, once that item was in your possession you had a duty of care. The damage was not accidental, and was down to negligence. If you offer a service so specific, you should at the very least use a courier who knows how to carry the item.Such negligence could be considered a breach of contract, for which you are responsible for losses incurred from such a breach.Incidentally the actual carrier, TNT, is a member of BIFA and agrees to abide by their standard trading conditions, which includesQuote:LIABILITY AND LIMITATION23 The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment.They've clearly failed to do this.



So they are having none of it