Bike Damaged In Transit - Courier Refusing Insurance

messiah86

After some advice please - I sent an item via courier which arrived on time, and the buyer did not unpack and build up immediately. The parcel was delivered on Monday, and the buyer contacted me the following Monday to say there was some damage - which would not of been obvious till using the item. (slightly bent wheel)

The courier has refused the claim on grounds of not reported in 3 days (in their claim terms)

Where do i stand with this? As Ebay have a 30 day return policy, 3 days is very short / not reasonable 

Thanks

soolin

Business or private seller and if private is there any chance this was a simple delivery item? 

messiah86

Private sale

Not a simple delivery item, this was through a separate courier company - specialise in large parcels such as bikes.

Spoonie_Turtle

I don't know if it makes any difference but did you book and pay for the courier, or did the buyer?

Unfortunately whomever booked the courier accepted the T&Cs (and you'd expect an item to be inspected upon delivery), so neither of you really have recourse for saying their terms are unreasonable.  I don't know where you stand in terms of eBay though.

messiah86

I have a feeling in terms of ebay, they will just work to their 30 day policy 

I booked the courier - and i doubt would have any effect on saying to the buyer within 3 days to report, as ebay uses 30 days.

I guess my question is whilst a company can write any T&Cs they like but may not be 'fair', is it really reasonable to unpack assemble and test within that timeframe (especially during weekdays). If it was some type of gift, may not get unpacked or checked for several weeks

savergrant

There is a distinction between an item being received damaged and a parcel being received damaged. Op says it "would not of been obvious till using the item. (slightly bent wheel)" (sic)
Generally unless the courier packed the item themselves they are unlikely to accept responsibility for damage in transit if there is no visible external damage (such as crushing or punching) imo. If the parcel was received in good condition they are unlikely to accept responsibility for internal damage.
Was the package marked 'fragile' or similar?

messiah86

A mishapen bike wheel might only be c. 2-3mm flat / out of round, which difficult to see by eye but very apparent once rotating at 15mph or so

Looking at the box, there is signs the side of this wheel has had an impact, but its a very thick box and cant collapse due to a metal bike inside. It was marked 'this way up' so should not have been put on its side, if they followed 

However the courier is not even considering discussing these points - just a flat no as it is past the 3 days reporting time (and it took 6 working days for the buyer to report)

molerat

IMO if the wheel was damaged without completely trashing the box it wasn't packaged sufficiently.  

messiah86

molerat said:

IMO if the wheel was damaged without completely trashing the box it wasn't packaged sufficiently.  

Packed with the industry standard and original [to this exact bike] box, padding, cable tied to the same process - to this one as I received new and 2 other bikes I have had delivered.

Weighing close to 30kg, if it was dropped on the shorter side (against this way up markings) or crushed somehow - that's a lot energy for any packaging materials to absorb. I would call this lack of due care and skill for a parcel handling company

the_lunatic_is_in_my_head

OP their term about 3 days isn't enforceable, if they failed to carry out the service with due care and skill this is an implied term and if in breach you are either entitled to a price reduction (probably doesn't help much) or damages. 

Insurance is a regulated product, these companies often sell "parcel cover" or such which isn't regulated, do you know if it was indeed insurance? 

Burden of proof (on the balance of probability) is upon yourself so you'd need to show the parcel was sufficiently packaged and despite this delivered with damaged contents.

If they won't engaged it's a case of sending a letter before action and filing through small claims. If the issue is the wheel then the value of replacing the wheel (perhaps with some deduction to reflect it being second hand if such is the case).

If I were you and the buyer willing to accept such, I'd refund the buyer the cost buying a new wheel to save the bike being sent back. 

messiah86

Thanks Lunatic, that's helpful to hear

The exact word is "Parcel Cover -  Add additional liability cover" to the required value

Buyer gave me a cost to rebuild wheel, which I've formally offered as partial refund (new rim and majority is  labour) - its uneconomical for me to pay return of bike, and then another shipping once fixed and sell it again.

I have sent a letter to courier quoting consumer rights act 2015, and the expectation of reasonable care in the service i paid for (and desired outcome)

Not expecting an easy journey though