FEDEX - Broken item

Laloop2000

I sent back a new ceramic sink as it was the wrong size. The builder heard the delivery man drop it down the stairs on the way out, it arrived back to the supplier smashed to smithereens. The supplier contacted me two days after they received it with images, saying that the problems was with the courier company (which I agree with). 
Fedex will not pay and keep closing the case even though the object was insured, as they say that if it is not reported within 24 hours they will not pay. 
Can anyone give me advice on how I get my money back, I keep trying to keep the case open - should I go to a small claims court? Should I pursue the supplier?

Thanks for your advice

DullGreyGuy

Who organised the courier? You or the vendor?

Laloop2000

I organised the courier, through my business account and paid for insurance to cover the cost of the item if broken in transit.

DullGreyGuy

Then it would be for you to pursue them but as you used a business account you won't have the extra protections that a consumer would have had. Have you read the actual T&Cs of the courier?

Laloop2000

Thanks I will read the terms and conditions on my account website. They do not seem to have any problem paying for the item through their insurance, their only issue is that I am out of time, reporting the item which should have been done in 24 hours. Are there not, consumer rights laws that override their terms and conditions that I can lean on in this matter?

Voyager2002

Did you contact FedEx within two days of hearing from the supplier about the problem?

DullGreyGuy

Laloop2000 said:

Thanks I will read the terms and conditions on my account website. They do not seem to have any problem paying for the item through their insurance, their only issue is that I am out of time, reporting the item which should have been done in 24 hours. Are there not, consumer rights laws that override their terms and conditions that I can lean on in this matter?

You're not a consumer, you bought it via a business account you say. Businesses pay less because they have less protection (in addition to volume discounting etc)

Laloop2000

I have checked and I have  a consumer account - 

I found the following information in terms and conditions, when I logged into my account: -

24.1 Providing Notice of a Claim. All claims must be notified to FedEx within the following time limits:

1. Claims due to damage (visible or concealed), delay (including spoilage claims) or missing contents, within 21 days after delivery of the Shipment. Receipt of the Shipment by the Recipient without such notice of damage on the delivery receipt is prima facie evidence that the Shipment was delivered in good condition.

I took an image capture of this and sent it to them, they in return sent me a link to a claim form that says that it needs to be reported within 24 hours. If they write the above on a public site that is the only access before transaction, is this not what they legally need to adhere to? Can I take them to a small claims court saying they are misleading me? Only when I ask for a claim form is when I can read that the claim needs to be reported within 24 hours.

I would like to hear your views

Alderbank

Whether you are a consumer or not is not determined by the form of words used by either party. It is a matter of fact in each case.

If the purchase of that sink was for purposes that are wholly or mainly outside your trade, business, craft or profession then the Consumer Rights Act applies.
It would apply even if you had signed a contract which says 'I SWEAR I AM NOT A CONSUMER CROSS MY HEART AND HOPE TO DIE' in big red letters.

What do you do for a living?

visidigi

FedEx have specific UK to UK terms in replacement/addition to the default terms of carriage as noted at the top of https://www.fedex.com/en-gb/conditions-of-carriage/jan-2025.html

https://www.fedex.com/content/dam/fedex/eu-europe/Legal/conditions-of-carriage/jan-2025/gb/FDX-TC-Addendum-GB-EN-10-02-25.pdf

14.3

You have to notify FedEx within 24hrs of delivery that there is NON-VISIBLE damage (e.g. FedEx didn't see and scan the shipment as damaged in the tracking) and your claim must be submitted within 28 days.

So did you notify FedEx within 24hrs that there was damage?

sheramber

visidigi said:

FedEx have specific UK to UK terms in replacement/addition to the default terms of carriage as noted at the top of https://www.fedex.com/en-gb/conditions-of-carriage/jan-2025.html

https://www.fedex.com/content/dam/fedex/eu-europe/Legal/conditions-of-carriage/jan-2025/gb/FDX-TC-Addendum-GB-EN-10-02-25.pdf

14.3

You have to notify FedEx within 24hrs of delivery that there is NON-VISIBLE damage (e.g. FedEx didn't see and scan the shipment as damaged in the tracking) and your claim must be submitted within 28 days.

So did you notify FedEx within 24hrs that there was damage?

Unlikely.

“The supplier contacted me two days after they received it with images, saying that the problems was with the courier company (which I agree with). “