Advice - damage in transit

[symondo]

What seemed to be a good idea at the time has turned into a bit of a nightmare i have no control over.

We sent our out drives to IVSS for a refurb a few weeks ago. However i was called upon thier arrival to be advised 1 of our props was damaged during transit - it has a chip from the side of a blade.

Without naming names - it was the preferred supplier to ivss so i assume others have used it.

I was also advised that our pallet was left at thier door and not signed for by a representative... therefore not checked. It was found the day after it had been delivered when i was called.

I followed the due process with the pallet company to claim for damage however i have been advices today they have rejected our claim for a new prop because - there was 'nothing on the delivery sheet stating damage' Probly because nobody signed for it!

Has anyone got any advise on where i stand with this? Surely the actions of a driver wanting home early can not be carte blanche to causing damages and get away with it resulting in having to open the wallet again through no fault of ours?

 

[Tony Cross]

What seemed to be a good idea at the time has turned into a bit of a nightmare i have no control over.

We sent our out drives to IVSS for a refurb a few weeks ago. However i was called upon thier arrival to be advised 1 of our props was damaged during transit - it has a chip from the side of a blade.

Without naming names - it was the preferred supplier to ivss so i assume others have used it.

I was also advised that our pallet was left at thier door and not signed for by a representative... therefore not checked. It was found the day after it had been delivered when i was called.

I followed the due process with the pallet company to claim for damage however i have been advices today they have rejected our claim for a new prop because - there was 'nothing on the delivery sheet stating damage' Probly because nobody signed for it!

Has anyone got any advise on where i stand with this? Surely the actions of a driver wanting home early can not be carte blanche to causing damages and get away with it resulting in having to open the wallet again through no fault of ours?

Could you not ask them to show you the (presumably non-existent) signed form showing it was received undamaged? If they can't produce that then I'd have thought they must be liable for the damage because it's still in their care?

 

[symondo]

Im awaiting a call back from them as they are to discuss internally to see if they are happy to resolve it themselves or not - i'm assuming not.

I'll be asking for this for certain, I know the person it was sent to wasn't overly pleased to arrive at work to discover a pallet with damaged items on it left at his door.

 

[duncan99210]

Small claims court - often the simple threat to take action via the court will produce a resolution. Did you photograph the pallet before collection? Too late if you didn't but useful ammunition if you did.

 

[Ripster]

If you have sent it as signed for service, then you should be entitled to a POD - signed. If the driver has just left the pallet without signature, then the carrier has not completed the contract for delivery. Unless you have specifically insured it or there is specific value based insurance, then generally standard carrier insurance goes on a £ per kilo basis, so hopefully you can use the weight of the shipment not just the prop! Sounds like a claim on the carrier is the wat to go. Be sure it's lodged immediately as many carriers have a very short time frame for damage claims to be filed. Hopefully your supplier (consignee) will have taken some pictures. Best of luck with it. In my experience these claims are long winded and slow, but you can get there with persistence!

 

[symondo]

i hadnt got a clean photo of the props prior to being sent - but myself and our engineer who packaged them are 100% certain of thier condition.

I have photos after delivery. All forms were filled in and returned in good time as per thier deadlines.

Im finding nothing is ever simple with boats - even the simple things!

 

[macd]

Beware that the carrier might come back to you with something along the lines of "our insurer does not cover us under these circumstances..."
This is irrelevant, although he may well try to stand by it. Your claim is against the carrier, not his insurer. If he can't pass any loss on to his insurer, that's his hard luck. He pays.

 

[[70521]]

I wonder if the carrier starts with a Y?

 

[symondo]

Starts with a J.

I have a feeling its going to be an argument that will go on for a short while yet. Although i could just do with some resolution to progress past this.

 

[angelsson]

Do you have any photo evidence, I know it is a little late now but when shipping something of value i take some for insurance.
It would appear that non-signature is their basis for not paying, but they are negligent if their signature processes are not followed correctly, always a difficult one without hard evidence it was done whilst in their care.

 

[winsbury]

Had similar happen myself, with evidence to show goods were not damaged on sending and as they are not yet signed delivery contra t is incomplete and goods are lost or damaged hence claim is in order. Cover may be insufficient depending on whether you took out additional transit insurance but in my case I argued they had a duty of care and failed to meet contractual terms, small claim made, a week before court they agreed to settle out of court.

 

[symondo]

Well after a lot of back and forth on the phone and via email...

The courier has agreed to foot the bill for a new prop
They weren't overly happy at the result but then again we weren't overly happy at having the hassle and having to shell out on a new prop either.

Now just need our outdrives back and hopefully.... 'hopefully'..... plain sailing.....

 

[winsbury]

well done - imho most couriers are all too relaxed about care of goods in transit and try to hide behind unfair terms and conditions, this probably works in a lot of cases but it proves its definitely worth the effort to stand your ground.

 

[symondo]

i thought it was a good result after standing our ground with them.

I just hope we dont suffer the same on the return journey.

 

[Seajet]

As mentioned photo's of anything valuable one is sending are always a good idea, and with digital cameras it's free, the images sitting on your computer in case required.

It's often an idea to get a newspaper in shot showing the headline, as proof of date.

 

[PhillM]

I am delighted to hear about this (the resolution not the loss I hasten to add). I had the same with a rather expensive computer I sent to a customer's house just before Christmas. Didn't get signed for and went missing, so was a clear cut case. But it still took 5 months to get resolved. Driver fired (their decision). Payment made by courier.

Lesson is to take photos of what you send before you send it. If it arrives damaged and is signed for, then you don't have much chance but if there is no signature for the delivery they don't have a leg to stand on.

 

[macd]

If it arrives damaged and is signed for, then you don't have much chance.

I'd dispute that although it certainly makes a satisfactory resolution more difficult. Delivery bods are often happy to get any Tom or Dick to sign. I actually had a sheet of ply signed for by a well-intentioned passer-by before the courier left it leaning against the garage. That's meaningless.

(In the case I mentioned the goods were damaged. The sender refused any claim on the grounds that if it was signed for, his insurer would not cover him. My response was that my dispute was with him, not his insurer, but he could have his dispute with my solicitor if he preferred. We eventually settled.)

 

[Barleycorn]

I can't see that a signature is worth much nowadays as they give you that electronic thing to sign with a bit of plastic and it turns out to be a squiggle. Hardly hold up in court I would say. With today's technology it would be more sense to point it at you and take a digital photo.