City Link lost my passerelle remote....Grrr..

adey

adey

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When someone posted a link to the Prosser's liquidation auction I was quite excited to see a Bioinox passerelle remote control plus control box and what looks like the cockpit panel.
sweeneykincaid_zpsdc91f49e.jpg


My passerelle is Bioinox so a spare remote would have been handy and some of my buttons on the cockpit panel are showing some wear. The control box and wiring might even have been useful for someone doing a forum DIY job. £10 + £3.80 premium/vat for all of it... Bargain!

But....I sent City Link (via Interparcel) to collect it and they managed to lose it!

They want a copy of my invoice for the goods so they can reimburse me but since the remote control alone would cost about £80 (the other bits must be hundreds) I’m not happy about just getting my £13.80 back.
Should I get more than £13.80 as my loss? (I know Interparcel have a £50 limit)
Not a happy bunny!
 
adey said:
Should I get more than £13.80 as my loss? (I know Interparcel have a £50 limit)
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Doesn't this depend on their t&c's? If they cover you for the cost of goods lost, then it's £13.80. If they cover you for the replacement of the goods lost, then that's a different number. What do the t&c's say?
 
4.1 Transit cover is the financial value which your Consignment is protected up to in relation to loss or damage in transit. PLEASE NOTE THAT THE LEVEL OF TRANSIT COVER SELECTED BY YOU WILL AFFECT THE MAXIMUM VALUE OF A CLAIM THAT YOU CAN MAKE AGAINST INTERPARCEL (FOR EXAMPLE IF YOUR CONSIGNMENT IS LOST OR DAMAGED).

16.3 INTERPARCEL'S MAXIMUM LIABILITY TO YOU IS GENERALLY LIMITED TO THE AMOUNT OF TRANSIT COVER SELECTED WHEN AN ORDER WAS PLACED (INCLUDING ANY ENHANCED COVER) PLUS THE POSTAGE FEES PAID WITH THE ORDER. For example, if a standard order has been placed and no Enhanced Cover has been selected, then that order will have £50 of Transit Cover included. If the cost of the postage was £15, then Interparcel's maximum liability to you in relation to that Consignment will be limited to a total of £65 (being the £50 of Transit Cover plus the £15 cost of postage).

16.5 In any case, to the greatest extent that is permitted by law, Interparcel hereby limits its liability to the direct losses suffered by you (save as expressly stated otherwise in these terms of use). Accordingly, we will not be liable for any claim for loss of profit, loss of use of an item, loss of revenue, administrative inconvenience, disappointment, or indirect or consequential loss or damage arising out of, or in relation to, the service you ordered.


I'm still confused. Can I claim £50 or £13.80?
 
adey said:
4.1 Transit cover is the financial value which your Consignment is protected up to in relation to loss or damage in transit. PLEASE NOTE THAT THE LEVEL OF TRANSIT COVER SELECTED BY YOU WILL AFFECT THE MAXIMUM VALUE OF A CLAIM THAT YOU CAN MAKE AGAINST INTERPARCEL (FOR EXAMPLE IF YOUR CONSIGNMENT IS LOST OR DAMAGED).

16.3 INTERPARCEL'S MAXIMUM LIABILITY TO YOU IS GENERALLY LIMITED TO THE AMOUNT OF TRANSIT COVER SELECTED WHEN AN ORDER WAS PLACED (INCLUDING ANY ENHANCED COVER) PLUS THE POSTAGE FEES PAID WITH THE ORDER. For example, if a standard order has been placed and no Enhanced Cover has been selected, then that order will have £50 of Transit Cover included. If the cost of the postage was £15, then Interparcel's maximum liability to you in relation to that Consignment will be limited to a total of £65 (being the £50 of Transit Cover plus the £15 cost of postage).

16.5 In any case, to the greatest extent that is permitted by law, Interparcel hereby limits its liability to the direct losses suffered by you (save as expressly stated otherwise in these terms of use). Accordingly, we will not be liable for any claim for loss of profit, loss of use of an item, loss of revenue, administrative inconvenience, disappointment, or indirect or consequential loss or damage arising out of, or in relation to, the service you ordered.


I'm still confused. Can I claim £50 or £13.80?
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Assuming you didn't select any enhanced cover, then my lay reading of 16.5 would be that their liability is limited to your direct loss, which is £13.80.
 
That's unfortunate, but from bitter experience I'd never again use ****ty Link, they've succeeded in losing too many things being sent to me.
 
I suspect you're right and I won't use City Link again.
It's really annoying because Bioinox parts are hard to get in the UK and the remote I've got is an aftermaket one. They seem to be 120-150 Euros online
http://www.yachtshop.it/codice_fni/3000033/BIOINOX SRL - Radiocomando 4 funzioni
http://www.nauticacaponio.it/bioinox?sort=p.model&order=ASC
Since Bioinox charge about 7,000 Euros for a complete passerelle and an extra 1,000 for LED lights I imagine the ECU box isn't cheap. Fortunately I don't need one.
Probably didn't help that the auction was just before Christmas.
 
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adey said:
4.1 Transit cover is the financial value which your Consignment is protected up to in relation to loss or damage in transit. PLEASE NOTE THAT THE LEVEL OF TRANSIT COVER SELECTED BY YOU WILL AFFECT THE MAXIMUM VALUE OF A CLAIM THAT YOU CAN MAKE AGAINST INTERPARCEL (FOR EXAMPLE IF YOUR CONSIGNMENT IS LOST OR DAMAGED).

16.3 INTERPARCEL'S MAXIMUM LIABILITY TO YOU IS GENERALLY LIMITED TO THE AMOUNT OF TRANSIT COVER SELECTED WHEN AN ORDER WAS PLACED (INCLUDING ANY ENHANCED COVER) PLUS THE POSTAGE FEES PAID WITH THE ORDER. For example, if a standard order has been placed and no Enhanced Cover has been selected, then that order will have £50 of Transit Cover included. If the cost of the postage was £15, then Interparcel's maximum liability to you in relation to that Consignment will be limited to a total of £65 (being the £50 of Transit Cover plus the £15 cost of postage).

16.5 In any case, to the greatest extent that is permitted by law, Interparcel hereby limits its liability to the direct losses suffered by you (save as expressly stated otherwise in these terms of use). Accordingly, we will not be liable for any claim for loss of profit, loss of use of an item, loss of revenue, administrative inconvenience, disappointment, or indirect or consequential loss or damage arising out of, or in relation to, the service you ordered.


I'm still confused. Can I claim £50 or £13.80?
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Hmm. That is very poor drafting if it is the totality. I'm thinking there must be some further wording that hasn't been included above. The wording above seems merely to set out the upper limit of what they will pay, but none of it sets out what they will pay when the limit doesn't bite. Are you sure you have quoted all the relevant text?

IF that is all the text then I'd claim £53.80. Reason is that the critical phrase is "Transit cover is the financial value which your Consignment is protected up to in relation to loss or damage in transit". (My emphasis). The amount you are "protected up to" is clearly the £50 plus postage

But as I say, there might be more wording than what has been quoted...
 
For the benefit of other forumites I have tried City Link and found them pathetically useless and stopped within 3 weeks and about 10 issues out of about 50 consignments. I have also heard that Interparcel whilst cheap, are also hopeless once an item has gone missing.
Sorry to hear they have been consistent once again and lost what was a really useful spare part.
 
adey said:
Sorry, I picked out the bits I thought were relevant.
http://www.interparcel.com/terms.php

I should add that the courier cost was just under a tenner so my claim is either £23.80 or £60.
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It's not the greatest of documents but having quickly read it is clear (a) there is no express rule about the amount you can claim for a loss, (b) the limits are just that - maximum payouts not liquidated damages (fixed) payouts.

So your loss is your ordinary loss as reasonably foreseeable by the carrier. That is likely the £10 plus add-ons. Sure, you could try for a higher value but they will likely resist and insist on £23.80 only and it's unlikely to be worthwhile arguing
 
crazy4557 said:
For the benefit of other forumites I have tried City Link and found them pathetically useless and stopped within 3 weeks and about 10 issues out of about 50 consignments. I have also heard that Interparcel whilst cheap, are also hopeless once an item has gone missing...
Click to expand...

To be fair, Interparcel have been okay. It's not their fault, as such.
I got this within minutes of sending in my invoice and pleading for the replacement value of £50+

"Your claim has been accepted, on this occasion I can settle this directly via Paypal. If this is convenient please confirm your email address that is registered with them?
Your claim will be settled at £13.80 plus the postage costs for this order.
Unfortunately when processing claims we can only offer the value of the missing goods as stated on the invoice provided up to the covered selected. Unfortunately we are unable to offer the replacement value as this does not reflect the value of the actual missing part."

Oh well, at least I get my money back and I get to keep the pair of used size 9 safety shoes they delivered instead (probably supplied to a temporary CityLink driver :rolleyes: )
 
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Possibly worth mentioning the size 9's to them - someone may also be claiming, having received some weird boaty stuff instead of the safety shoes they ordered :)
 
I had already sent them pictures of the shoes. The fact that they were slighty used safety shoes and it was around Christmas time leads me to suspect that a temporary employee lost or damaged my parcel so sent me something else. Maybe his last shift? Who knows? Live 'n' learn. :D
 
Don't give up all hope, I've had several items delivered which I'd given up for lost weeks before. Goodness knows what they do with these things that are in their system for weeks if not months.
 
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