Customer Has Returned Damaged Goods

paulwilko10

Tothepoint. wrote: »

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

Why though?

agrinnall

paulwilko10 wrote: »

Why though?

Because having arranged the courier to make the collection the responsibility for packaging ultimately lies with you, especially as your return instructions to your customer were rather vague. Perhaps in future you will use this lesson to either (or both) be more explicit with your instructions or arrange a courier who makes more effort to check the protection on returns that they collect.

Undervalued

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

The customer did exactly what you asked regarding packing! Read your own quote! They have no contract with a courier (well box shifting company) you arranged. They are under no obligation to have retained any internal packaging (or indeed the box). Recovering a faulty item safely is entirely your problem.

The customer is not under any obligation to contact HP. You sold the printer to them and they are quite entitled to only deal with you.

I am afraid you have just got to learn from this and make safer arrangements in the future.

paulwilko10

Courier aside, surely they are under obligation to keep packaging because if they wanted to return just because they felt like it, surely it has to be in original packing otherwise it can be refunded less the value due to it not being in original packing?

Spank

No they are not, you should have asked for the printer to be packed as it came or if the packaging was disposed then to insure it was adequately packed. As you did not it's your bad luck really. You could tell them that you will not refund as they had a duty of care, but I doubt it would hold up in court when they see your email.

wealdroam

paulwilko10 wrote: »

Courier aside, surely they are under obligation to keep packaging because if they wanted to return just because they felt like it, surely it has to be in original packing otherwise it can be refunded less the value due to it not being in original packing?

If the value of the goods is diminished, and the buyer returns the goods 'because they felt like it', then the refund can be reduced to reflect that - up to 100% of the contract price.

Therefore, re the original packaging, the only obligation the buyer has is to themselves.

paulwilko10

Whilst i understand what you are saying and don't disagree that the wording could have been better, surely, surely this country has not come down to the fact that any Tom !!!! or harry can just send back a high value item in the condition this customer has?

Surely they HAVE to make it secure. Have I literally got to tell her to make it perfect?
How far do we go?
Please place this Safety packaging on the left
Please place this Saftey packaging on the righr
Please use brown tape as it has been proven to be 2% more secure

Its ridiculous and surely common sense should be questioned here.

Whilst I did not say pack it withe safety packaging, I also did not say send it in a damaged condition, but she has!

wealdroam

paulwilko10 wrote: »

Whilst i understand what you are saying and don't disagree that the wording could have been better, surely, surely this country has not come down to the fact that any Tom !!!! or harry can just send back a high value item in the condition this customer has?

Surely they HAVE to make it secure. Have I literally got to tell her to make it perfect?
How far do we go?
Please place this Safety packaging on the left
Please place this Saftey packaging on the righr
Please use brown tape as it has been proven to be 2% more secure

Its ridiculous and surely common sense should be questioned here.

Whilst I did not say pack it withe safety packaging, I also did not say send it in a damaged condition, but she has!

Unfortunately the buyer's responsibility for the goods ended when she handed them over to your agent - the carrier that you employed.

paulwilko10

wealdroam wrote: »

Unfortunately the buyer's responsibility for the goods ended when she handed them over to your agent - the carrier that you employed.

What was her responsibility in the first place then?
To hand over a printer that can flap about in a box that did not contain the manuals, cds etc?

wealdroam

paulwilko10 wrote: »

What was her responsibility in the first place then?
To hand over a printer that can flap about in a box that did not contain the manuals, cds etc?

That's about it, yes.

Imagine if your business was a few doors away from the buyer.
It would be perfectly acceptable for the buyer to walk down the road with a totally unprotected printer and hand it to you.
You in turn would be quite happy with that, I imagine, although I would expect you to ask her to go back and get the missing items.

If she tripped and dropped and damaged the printer on the way, any damage is her responsibility.

If you offered to walk down the road and collect the 'naked' printer, and you dropped it on the way back then any damage is your responsibility.

Your current situation is akin to going to the buyer's premises. You did send your agent - the carrier, and collected the printer and 'mishandled' the unprotected printer during its return.