International Faulty Goods Return - am I "the sender"?

MobileSaver

I'm not really sure if this is the correct forum but unsure where else might be more appropriate...

I bought an expensive (£6k) item from a UK supplier which came with premium support direct from the manufacturer (Sony.) After a few months the item proved to be faulty so I contacted Sony who duly sent me another brand new replacement which now works perfectly. The premium support meant they allowed me to keep the faulty but usable item in the interim until I was happy the replacement was working fine.

The faulty unit now needs collecting and returning to Sony's overseas warehouse using their international courier, TNT. The issue is that TNT have asked me to print out a load of paperwork (I have no problem with this) and sign the commercial documents (this I have a problem with) and sign to agree (and this I have a problem with!) to their terms and conditions.

Basically all the paperwork seems to assume that I am "the Sender" but my thoughts are that Sony is both the Sender and the Receiver and I am simply the location where the goods are being collected from. Does anyone have any experience of anything like this and/or any thoughts on whether I should be classed as "the Sender"?

Aylesbury_Duck

Presumably, if you're classified as the sender, their paperwork says that liability for the item remains yours until they receive it?  I can see why you're cautious.  

I'd contact them and ask for clarification of that point; at whose risk is the transit of the item from your house to their overseas warehouse?  If it's at their risk, no problem.  If they're trying to put that liability onto you, I would refuse to send it and insist they accept responsibility.

MobileSaver

Aylesbury_Duck said:

Presumably, if you're classified as the sender, their paperwork says that liability for the item remains yours until they receive it?  I can see why you're cautious. 

Exactly this. The very first line of the consignment document they want me to sign states "Sender liable for unpaid charges".

In addition I have neither the time nor desire to read through pages of terms and conditions to see what else I may be liable for if I accept being "the sender".

I'll push it back to Sony for now.

davidmcn

Was the purchase a consumer contract?

unholyangel

You said TNT are Sony's international courier, so can we assume Sony have chosen them and also paid them?

If so, I don't see the point of giving you terms and conditions when there will be no contract between you and TNT that those T&C's would apply to. 

MobileSaver

davidmcn said:

Was the purchase a consumer contract?

Yes, it's a new projector for my home cinema room.

unholyangel said:

You said TNT are Sony's international courier, so can we assume Sony have chosen them and also paid them?

If so, I don't see the point of giving you terms and conditions when there will be no contract between you and TNT that those T&C's would apply to. 

Yes, Sony arranged the collection and are paying for it; nothing to do with me apart from being asked to print the paperwork to accompany the return.

I agree regarding the T&Cs. I thought it was odd as soon as I saw the email and attachments but I rarely deal with TNT and this is possibly the first time I have ever had to return a faulty item overseas so was unsure if it was normal, particularly in light of Brexit (the return destination is within the EU.)

powerful_Rogue

The thing is though, you are the sender. When importing/exporting, one party will be the sender, and one the receiver.

MobileSaver

powerful_Rogue said:

The thing is though, you are the sender. When importing/exporting, one party will be the sender, and one the receiver.

That's the million dollar question; am I?

The goods are not mine, I didn't arrange the transportation and I'm certainly not paying for it.

If I ring TNT now, give them @powerful_Rogue's address and drop the goods off at your house with the paperwork, does that magically make you the sender? If so, I'll be round later!

powerful_Rogue

MobileSaver said:

powerful_Rogue said:

The thing is though, you are the sender. When importing/exporting, one party will be the sender, and one the receiver.

That's the million dollar question; am I?

The goods are not mine, I didn't arrange the transportation and I'm certainly not paying for it.

If I ring TNT now, give them @powerful_Rogue's address and drop the goods off at your house with the paperwork, does that magically make you the sender? If so, I'll be round later!

That doesn't quite make sense.

If you phoned TNT, gave them my address and dropped the goods off, that would make you the sender still.

If you're sending something somewhere - you are the sender.

MobileSaver

powerful_Rogue said:

If you phoned TNT, gave them my address and dropped the goods off, that would make you the sender still.

If you're sending something somewhere - you are the sender.

I think that's answered the question and confirms that I am not the sender. 

Sony dropped off the goods to me. Sony contacted TNT. Sony gave TNT my address for collection. Sony gave TNT the address to send the goods to. Sony is paying for the consignment. QED Sony is the sender.

Manxman_in_exile

Why don't you contact Sony and tell them that you don't understand why their courier TNT want you to complete TNT's paperwork when any contract is between them - Sony - and TNT, and not between you and TNT?

Explain that you are not signing anything that might create any liability for you in respect of the return shipment.

Tell them to instruct their courier accordingly - or to give you an indemnity against any liability.