Customer Has Returned Damaged Goods

naedanger

neilmcl wrote: »

OK, so my take on this is that it's your responsibility, as the seller, to cover any costs getting the printer returned, which includes returning it in a safe and undamaged condition. The buyer is under no obligation to keep the original packaging, nor is it to ensure it can be resold, it is a (potential) faulty product after all. If you wanted them to pack it a in specific way then you should have made this clear to the buyer and cover any costs that this may have incurred.

My view is slightly different. I agree it would certainly have been better if the seller had clearly told the buyer to repackage the printer using the original materials.

However even if they hadn't then I think the buyer still had an obligation to behave reasonably. And I think it was unreasonable of the buyer not to warn the seller the item was insecurely packed for whatever reason e.g. they had disposed of the packaging. By not warning the seller of this fact the seller was unable to make alternative arrangements and is now unable to determine the cause of the original fault and whether their own supplier would have had a liability to them in respect of that fault.

I agree that the seller would have to pay for any collection and repackaging where this was necessary e.g. if the buyer could not reasonably repackage for some reason. However the seller was not aware the item was packaged insecurely.

In this particular case, assuming the buyer did not warn the seller they had been unable to package the item properly, then my view is a court would find in the seller's favour. If however the buyer had told the seller they were not repackaging the item other than placing it in the box (for some valid reason) then I think the buyer would win.

Undervalued

paulwilko10 wrote: »

I'm sorry if this is the wrong place, but I need some advice before I send an email.

I sold a brand new printer to a customer worth appx £450.

2 days later she said it was faulty, so we wen't and collected it using UPS.

We today received it back in a box with absolutely no safety packaging and any of the CDs, Manuals etc.

Before it was even opened we feared the worst because there was a rattle in the box. Upon opening it, there is damage to the printer and is not repairable nor resellable.

Customer obviously wants a working printer or a refund.

We have taken pictures, but where do I stand legally.

I want to say to her that I am sending it back and can not do anything about it, but how do I prove the courier did not open the box and take all the stuff out.
We all know that would not happen, but I suppose that could be the customers argument.

Any ideas please

Kind regards

Paul

But you didn't "wen't and collected it" [SIC]. Had you done so it would presumably have been placed carefully in a vehicle and driven to your premises. It may well be this is what the customer was expecting.

As others have said the seller is under no obligation to keep the original packaging. It is up to you to use a service that can either pack the item or transport it safely without.

Given the cost this was presumably a fairly substantial item that is only really likely to travel safely with a cheap box shifting company if it is in makers packaging. it is up to you to realise that and deal with it accordingly. You did after all supply a faulty product in the first place.

neilmcl

Undervalued wrote: »

You did after all supply a faulty product in the first place.

Allegedly

Undervalued

neilmcl wrote: »

Allegedly

Yes, but had the seller recovered the item safely they would have had the opportunity to test it and see if it was faulty. Because they didn't they will now never know if it was originally faulty or not!

Presumably they at least spoke to the buyer to see if it was a simple issue that could have been resolved over the phone before making inadequate arrangements to get it back?

The conspiracy theorists will no doubt suggest that the buyer damaged the item, claimed it was faulty then deliberately sent it back inadequately packed so as to hide the problem. Even in the unlikely event that is what happened the seller is still at fault for not arranging collection in a safe manner.

daytona0

foxtrotoscar wrote: »

It was the sellers courier who collected it so how do you come to that conclusion?

I think the word "If" was a bit of a giveaway

foxtrotoscar_2

daytona0 wrote: »

I think the word "If" was a bit of a giveaway

There's no 'if' though as the OP clearly says who arranged the courier.

Undervalued

foxtrotoscar wrote: »

There's no 'if' though as the OP clearly says who arranged the courier.

Quite.

That is the root of the problem here. Had the OP got the item back safely they could have properly confirmed, or otherwise, the fault. Ultimately it is their responsibility to do that, not the customer's.

Unless they specified in detail how it was to be packed and confirmed with the customer that was possible they are taking quite a risk.

OK, this example sounds a bit extreme, if the packing was as bad as is being claimed, but what if the customer had made a reasonable effort and it still got damaged?

"We will send a courier for it" could easily have been interpreted as a van door to door where no packaging would have been needed.

daytona0

foxtrotoscar wrote: »

There's no 'if' though as the OP clearly says who arranged the courier.

Well, I didn't come to "any conclusion" as you so put it. I just made an "if" statement because I had something to input had the "if" statement been true (which I was aware that it was not true).

As I had nothing further to add for OP's circumstances, I was hoping that other users would elaborate on it to provide more accurate advice. This has happened. Beyond that, I'm not bothered

This thread is about helping the OP with their problem, not calling up posters on what you deem were mistakes made by them My language on here is usually deliberate, and the use of "if" was no exception here.

paulwilko10

Thank you all for your thoughts on this issue.

Ok, I am not doubting the printer was faulty. I do not believe the customer damaged it and then it was faulty, it seems it was just one of those things.
We suggested she spoke to HP just to trouble shoot and hope they would fix it, she said she tried 2 times and could not get through, whether that is the case, i do not know.

Reluctantly we arranged for a collection.
On my Email I stated "Please pack it up in the original box and if you still have the brown box, in that aswell and please mark the outer box with RMA# "
You may argue it is not the most expansive of requests, however, if anybody thinks putting a £400 printer that originally shipped with all the protection needed yet it was sent back with ZERO protection other than the Original box, then I would be surprised.

I don't believe a court would believe that either, but who knows these days.

The fault the customer spoke off can no longer be tested due to the damage caused when shipping back.

Not sure where we stand now and what to do??
Thanks

Paul

Tothepoint.

paulwilko10 wrote: »

Thank you all for your thoughts on this issue.

Ok, I am not doubting the printer was faulty. I do not believe the customer damaged it and then it was faulty, it seems it was just one of those things.
We suggested she spoke to HP just to trouble shoot and hope they would fix it, she said she tried 2 times and could not get through, whether that is the case, i do not know.

Reluctantly we arranged for a collection.
On my Email I stated "Please pack it up in the original box and if you still have the brown box, in that aswell and please mark the outer box with RMA# "
You may argue it is not the most expansive of requests, however, if anybody thinks putting a £400 printer that originally shipped with all the protection needed yet it was sent back with ZERO protection other than the Original box, then I would be surprised.

I don't believe a court would believe that either, but who knows these days.

The fault the customer spoke off can no longer be tested due to the damage caused when shipping back.

Not sure where we stand now and what to do??
Thanks

Paul

Most likely out of pocket for the trade price of the printer.