Oven damaged in transit

tightauldgit

I think it's made difficult as your sister paid for the courier so they are acting as her agent and the risk is with her from the moment that UPS picked it up, not the shop. 

That only really leaves 2 options:

1. Pursue a claim with UPS, difficult if the item wasn't properly packaged although you may be able to look and see if that really was the case and whether enough information was provided prior to purchase on what packaging is required. 

2. Pursue a claim with the shop for not packaging it properly - again probably difficult unless you or UPS gave them explicit instructions to package it in a certain way. Would it be classed as negligent to simply send it as it was sent? Not sure. 

The only other option I think would be to get delivery of the oven and buy a new door for it. 

Okell

*Kat* said:

sheramber said:

Did your sister receive the oven or did UPS return it to the shop without delivering it?

How much was the oven?

... I don't understand why the oven shop won't just refund her, fix the oven and resell it. 

Because as far as they're concerned they've already sold it to your sister and see no reason to refund her.  They will argue that they packaged the oven appropriately and that any damage caused after UPS picked it up is an argument between your sister and UPS.  Because your sister organised the pickup by UPS herself, the oven was no longer the seller's responsibility after UPS picked it up.   [Edit:  the seller is probably waiting for your sister either to arrange collection again or to ask them to fix it - at a cost...]

*Kat* said:

sheramber said:

Did your sister receive the oven or did UPS return it to the shop without delivering it?

How much was the oven?

Thanks - the shop asked for the oven to be returned to them so they could assess the damage themselves - UPS sent it back to them directly from the UPS unit. My sister hasn't even seen the oven or the damage...

Did UPS do this off their own bat or did your sister authorise them to do this?  UPS were acting on your sister's behalf and shouldn't have returned it to the seller without your sister authorising it.

Was the oven actually damaged while it was in UPS's care?  If it wasn't properly packed and was only wrapped in film, shouldn't UPS have refused to accept it?

Alderbank

Agree with the above ^^^^

UPS will not have decided unilaterally to return the unit to the sender. Either they contacted their paying client (OP's sister) to say the goods had been damaged in transit or the damage came to light when sister examined the goods and the client requested them to return it to seller. UPS would otherwise have left the goods, damaged or not, with the client as per contract.

The seller appears to have agreed to take the oven back but having inspected it intends to deduct £250 to carry out repairs to bring it back to the condition in which it was despatched. OP is implying that the repair should be £80 plus fitting charge (say £100 total) but she has not actually seen the damage. If the oven damage was twisting (such as caused by the pallet being dropped off the forks of a FLT) the frame could need straightening to allow a replacement door to fit correctly so could well amount to £250