Charging a delivery company for incurred costs (parcel2go)

George_Michael

shaun_from_Africa wrote: »

Any recourse you may have will depend on the terms and conditions of the contract between you and P2G and what their smallprint states.

Which would be this:

when you deal with us as a business, the Unfair Contract Terms Act 1977 is hereby excluded to the fullest extent legally possible and you are further referred to additional terms relating to business clients set out below.

6.2 Nothing in this Agreement shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence; or

(b) fraud or fraudulent misrepresentation.

6.3 As a responsible business, we will perform the Service(s) in a professional manner with the appropriate level of skill and care. However, loss of or damage to a Consignment may still occur as a consequence of our handling of it and, in such circumstances, our liability shall be limited as set out in these Terms and Conditions. The reasoning behind such limitation of our liability is as follows:

(a) the value of a Consignment and the amount of potential loss to you that could arise if a Consignment is damaged or lost is not something which we can easily ascertain but is something which is better known to you. In many cases, it cannot be known to us at all and can only be known to you;

(b) the potential amount of loss that might be caused or alleged to be caused to you is likely to be disproportionate to the sum that we could reasonably be expected to charge you for providing the Service(s) under this Agreement;

(c) it is not possible for us to obtain cover which would give unlimited compensation for our full potential liability to all of our customers and, even if it were, such cover would be much cheaper if taken out by you (rather than us taking out such cover and passing the cost on to you) and, on that basis, it is more reasonable for you to take out such cover from an independent third party. Please note that you are also able to purchase Parcel Protection from us for your Consignment during the ordering process;

(d) we wish to keep the costs of providing the Service(s) to you as low as possible;

(e) in light of the above, we wish to limit our liability for any damage or loss caused to you to a level which we consider reasonable to our low charges for providing the Services;

https://www.parcel2go.com/content/about-terms.aspx

Basically they are saying that should you need full cover for loss, damage or delay, it's up to you to take out appropriate insurance for this and by agreeing to those terms, you are saying that as a business, you can't now hold them liable for the losses incurred.

TidyMax

Cheers George!

Tbh I don't think they have fulfilled those terms at all in which I would have a case. I'm seriously peeved about it so I'm happy to contact a solicitor.

As a responsible business, we will perform the Service(s) in a professional manner with the appropriate level of skill and care. However, loss of or damage to a Consignment may still occur as a consequence of our handling of it and, in such circumstances, our liability shall be limited as set out in these Terms and Conditions. The reasoning behind such limitation of our liability is as follows:

The package was not lost or damaged, they simply did not perform the service in a professional manner OR with skill and care.

We had to chase the courier they had chosen to use numerous times due to their lack of effort (skill) and they were informed by us numerous times again of the issues which we occurring and they chose to not do anything (care).


(d) we wish to keep the costs of providing the Service(s) to you as low as possible;

(e) in light of the above, we wish to limit our liability for any damage or loss caused to you to a level which we consider reasonable to our low charges for providing the Servi


This statement can also be proved to be incorrect as they were one of the most expensive.

Thank you for the informative/factual reply George. I don't understand the tone of some of the above responses, I only came here to seek advice!

Cheers

BoGoF

Not seeing any 'tone' in the replies.

Perhaps your use if 'Really?' got some blunt, but accurate responses. For someone who runs a business not to know that Consumer Law does not apply suggests naivety.

TidyMax

I used really as I was surprised. I've had two business over the past 7 years and I have never needed to either go to court or seek any form of legal advice/dealt with consumer rights.

I would have thought a service would have to have been conducted in a particular manner regardless of it being between a single person or a business entity. I am a one man band but because I'm a Ltd company I dont have the same rights. I unsurprisingly found this surprising.

boo_star

TidyMax wrote: »

I used really as I was surprised. I've had two business over the past 7 years and I have never needed to either go to court or seek any form of legal advice/dealt with consumer rights.

I would have thought a service would have to have been conducted in a particular manner regardless of it being between a single person or a business entity. I am a one man band but because I'm a Ltd company I dont have the same rights. I unsurprisingly found this surprising.

Whether you are a sole trader or a limited company doesn't really matter. What matters if you are operating as a business or not.

TidyMax

That seems even crazier, I would hazard a totally random guess that 99% of packages sent are being sent due to being purchased. I've found some form of Ombudsman anyway however I imagine that P2G will be exempt due to being a middleman.

visidigi

My point is this.

Your contract is solely with P2G - I know you have already been to them, but you did so without evening knowing this was B2B!

You may have had help from DPD, but they have no contract with you so you have no recourse to them.

The package was not lost or damaged, they simply did not perform the service in a professional manner OR with skill and care.

Read the terms of the middleman contract without the slant you currently are. They, as P2G performed the service they sold - they did not choose DPD, you did when you filled out the website form and selected the discounted service. The service from P2G you bought was introducing you to DPD services at a price they have been able to negotiate due to volume of transactions.

I understand your frustration completely. But you are a business who went to the cheapest possible route for shipping - all the big couriers can setup and allow a credit card shipment over the phone same day with same day pickup. No lengthy account setup required unless you're opening an invoice account.

stragglebod

TidyMax wrote: »

Really? It's a service I purchased via their website? We don't have an account with P2G or any form of credit etc

You're running a business without even a basic understanding of business law?

What else don't you know about? VAT? Product safety?

boo_star

TidyMax wrote: »

That seems even crazier, I would hazard a totally random guess that 99% of packages sent are being sent due to being purchased. I've found some form of Ombudsman anyway however I imagine that P2G will be exempt due to being a middleman.

Simply selling something doesn't make you a business. If I sell, say, an old TV after buying a new one I'm not operating as a business and I would have consumer rights. If I was buying old TVs to resell I would be.

At this point I'm genuinely concerned about your lack of understanding of what constitutes a business.

TidyMax

stragglebod wrote: »

You're running a business without even a basic understanding of business law?

What else don't you know about? VAT? Product safety?

Totally unnecessary and pointless response

I'm WELL aware of VAT all of my products are CE and Rohs compliant. UL for thr states. I work worldwide undertaking consulting, installations and sales of my lighting. So much so if you watch Netflix or any of the major UK talent shows you will have seen my lighting

I'm not sure what you are trying to achieve by making comments like this? Do you get some form of self gratification? Do you run a business?

I have come to this forum for advice on something that I have no knowledge or experience of. As already stated above I've managed to scrape by the last 7 years with both my businesses with having zero knowledge about the difference between consumer rights and b2b.

Why exactly did you post this reply?