laptop stolen by UPS / Acer

ALL2014

Hi

I was given an Acer laptop for a birthday present in April 2013. It was working fine until around the end of September 2013. I was due to go travelling abroad at the end of October 2013 so I contacted Acer through their website as the laptop was still under warranty. Acer technical support tried to fix it by emailing me instructions but it didn't work. They then agreed to take it in for repair. I was told to follow their agent's instructions (a company called Infoteam International - who appear to deal with Acer's repairs) and to contact their courier UPS. UPS collected my laptop and a few days later I got a call from Acer (a lady who is actually based at Infoteam International) to inform me they had received the laptop box but there was nothing in it!

After an investigation I was told by Acer (the same lady from Infoteam international) that they were not accepting liability because there was no damage to the box the laptop was in. Presumably concluding that I was lying about putting the laptop in the box.

Anyway, to cut a long story short, I want to issue Court proceedings but I'm not sure whether I should issue against Acer or Infoteam international. I've discounted UPS because they said in the paperwork that I have no contract with them. I would issue against Acer because they manufactured the laptop and that is who I have a warranty with but the lady from the Infoteam calls herself the Senior Escalations Advisor / Escalated Deputy Manager for Acer and has asked for all legal correspondence to be sent to her via the Infoteam address.

Thank you!

yangptangkipperbang

Just why has anyone from UPS/Acer "stolen it" ???????????????

zaax

What do UPS say about the empty box?

ALL2014

Are you asking me why someone from Acer/UPS stole it? I don't know! It was a broken laptop too!

UPS have refused to deal with me direct saying I must speak to the company that arranged delivery ie Acer. They've told me UPS are denying liability on the basis there was no damage to the laptop box. I'm assuming they therefore believe I sent them an empty box and I'm trying to scam them!

I'm just unsure whether to issue against Acer for breach of contract or the Infoteam International company.

bris

You wont win, Acer will deal with thousands of warranty repairs every year so why would they steal yours? Unless there are lot more going missing you case would be slim and there is no breach of contract if they dont have the item to repair.

The other problem you have is that Acer are only one link in the chain, if they say it wasn't in the box then the court would most likely accept that as there were other parties involved before it got to them, so Acer is the last one you should pursue.

Ups would be my shot at court, whether or not they speak to you now or not is irrelevent, they would need to speak to you in court, the weight of the item pre delivery to Acer is where your case lies.

All in all your case would be a chance at best, but the delivery company is where you should focus your efforts.

ThumbRemote

bris wrote: »

You wont win, Acer will deal with thousands of warranty repairs every year so why would they steal yours? Unless there are lot more going missing you case would be slim and there is no breach of contract if they dont have the item to repair.

The other problem you have is that Acer are only one link in the chain, if they say it wasn't in the box then the court would most likely accept that as there were other parties involved before it got to them, so Acer is the last one you should pursue.

Ups would be my shot at court, whether or not they speak to you now or not is irrelevent, they would need to speak to you in court, the weight of the item pre delivery to Acer is where your case lies.

All in all your case would be a chance at best, but the delivery company is where you should focus your efforts.

OP has no contract with UPS.

Acer contracted UPS to collect the laptop. From the moment it passed from OP to UPS, it was therefore the responsibility of Acer. Therefore they have legal responsibility.

halibut2209

UPS knew they were collecting a laptop. Surely they could tell by the weight that it was an empty box (which is what they are alleging)

Should this go to a legal claim, to me it seems that the balance of probability is firmly in the OP's court.

CoolHotCold

halibut2209 wrote: »

UPS knew they were collecting a laptop. Surely they could tell by the weight that it was an empty box (which is what they are alleging)

Should this go to a legal claim, to me it seems that the balance of probability is firmly in the OP's court.

A laptop, a tablet, a battery, a chunk of dry ice.


If it goes to court then it's entirely one persons word over another's.

ALL2014

Thanks for all the responses.

Acer approved my laptop for repair using their Agent (Infoteam) and their Courier (UPS). Acer paid UPS for the collection of my laptop. Acer also sent me all the paperwork (label etc to stick onto the box) so I think, legally speaking, Acer are the company I need to pursue. Acer also asked me to ensure that I had made a backup of my data on an external media before their courier arrived and stated "Acer is not liable for any loss of customer data" i.e. if you fail to back up the data which implies that they would accept liability if the actual laptop itself was damaged or lost.

The label states that the shipping weight was 4.5 kg which seems a lot for an empty laptop box!

Also my mother handed over the laptop box to the courier and she felt it in the box. She asked the courier whether it would be ok in his lorry and he said it was perfect as it was. I asked Acer what UPS's courier had to say and the lady from Acer/Infoteam told me that they would not be answering any more questions which is not very helpful!

UPS stated in their paperwork (that was sent to me by Acer): "Important Notice to Anyone Handing Over Goods to UPS.
This document is a receipt only and you are named on the attached label / document exclusively for identification purposes. The contract of carriage is between UPS and its customer. There is no contract between you and UPS. By handing over the goods to UPS, you agree that UPS collects the goods on behalf of its customer and accepts no liability whatsoever to you or anyone other than its customer for any loss or delay of or damage to the goods resulting from negligence or any other cause".

I therefore think that Acer is the company I need to pursue.

Thanks.