Car parts damaged by courier

LukeGT · 27-03-2010, 08:46 PM

I couriered a bonnet up to QLD recently (3hrs north on Brisbane) using a well known freight company who service the east coast of Australia. I've used them a few times before and have never had any problems.

Anyhow, this is how a perfectly good XB GT bonnet arrived at its destination:

Natually I called them up straight away to lodge a claim for damaged goods and was basically told bad luck, not our responsibility!

They also claim it was not the but another company they contracted to take the bonnet from Brisbane.

Whoever's fault it was, I feel that the company I sent it through has some sort of obligation to deliver the good in the same condition they were sent it, or am I just wasting my time chasing this up and should just get over it?

philfree · 27-03-2010, 08:49 PM

Hi did the person who received it put damaged on the connote if not you have no hope
Philfree

Berzerkerr · 27-03-2010, 08:53 PM

Mate i would honestly avoid any of the bigger carriers in the future. TNT and Toll especially. Ive worked at both of these depots on the docks and all i can say is nobody treats anything with any respect. Things get thrown around with no regard to fragile items. Things get toploaded with 'top load only' stickers on them. Just avoid them.

As for the bonnet, if the connote has been signed upon receival then youre out of luck. A signed connote is 'receival of goods in good order'. There would be small print on it to say this.

**GasoLane** · 27-03-2010, 08:55 PM

If you read the (very) small print I think you'll find that if you didn't ask for it to be insured your out of luck.

**ebxr8240** · 27-03-2010, 08:59 PM

They don't care .. They just say go through your insurance co..
Had the same thing happen to me with Subaru STI engine..
All the front cams & gears where smashed !!!
Brand new engine stuffed !!!

LukeGT · 27-03-2010, 08:59 PM

Not too sure about the con-note, actually don't think the bloke was home when the items were dropped off but I will check.

They didn't offer insurance, and when I asked (after it was damaged) they said they will only insure goods packed in a crate!

LukeGT · 27-03-2010, 09:01 PM

Quote:

Originally Posted by tjv

Mate i would honestly avoid any of the bigger carriers in the future. TNT and Toll especially. Ive worked at both of these depots on the docks and all i can say is nobody treats anything with any respect. Things get thrown around with no regard to fragile items. Things get toploaded with 'top load only' stickers on them. Just avoid them.

As for the bonnet, if the connote has been signed upon receival then youre out of luck. A signed connote is 'receival of goods in good order'. There would be small print on it to say this.

Cheers, will do.

It's actually very hard to find a courier that you can trust, isn't fussy about what they take, goes anywhere in Aust, and doesn't rip you a new one with their prices.

**ebxr8240** · 27-03-2010, 09:01 PM

Good luck ...
I would send it back to courier depot

Jim Goose · 27-03-2010, 10:17 PM

Quote:

Originally Posted by LukeGT

Not too sure about the con-note, actually don't think the bloke was home when the items were dropped off but I will check.

They didn't offer insurance, and when I asked (after it was damaged) they said they will only insure goods packed in a crate!

Too bad then.... never sign for anything thats damaged.

Also how was it packaged? If it wasnt in a crate then it shouldve been.

Gaz · 28-03-2010, 03:08 AM

IIRC and you will need to check, but I believe there was a ruling that because they are taking a fee for a service, that if they don't provide that service to a reasonable standard they are liable. If they contract work out, they are liable for that contractor, it's between them and the contractor not you.

They will try to waive all liability, but damage through negligence leaves them liable.

GTP 290 · 28-03-2010, 04:59 AM

You say you weren't there when they dropped it off correct?

then who signed for it?

If no one signed saying they recieved it then they may still be liable.

If no one was there to see it dropped off they are going to claim that it was dropped off in good condition and it's your word against the driver.

If someone was there and signed for it then you've just lost all chance of getting them to pay for anything.

Cabbage · 28-03-2010, 12:59 PM

You don't necessarily need insurance. They are a courier company and have an obligation to deliver goods in a manner that would avoid items being damaged. You're paying them to deliver good intact and to take reasonable care. You may have to go through a small claims court but looking at the picture, something has gone seriously wrong for a bonnet to be bent like that. It would be hard for them to argue they have fufilled their obligations. Considering a decent xb gt/gs bonnet with no rust is worth between $500 - 1000 I would definately be following it up. The company you contracted with utlimately has to take responsibility for the delivery of your bonnet and if it was a third party courier they contracted then they should follow this up. It annoys me that companies tell you unless you had insurance its your bad luck if it gets damaged. They have an obligation to fufuill their end of the contract, ie deliver good intact, if they can't do that through no fault of yours then they should compensate you. End of story.

**GasoLane** · 28-03-2010, 01:14 PM

Quote:

Originally Posted by Cabbage

You don't necessarily need insurance. They are a courier company and have an obligation to deliver goods in a manner that would avoid items being damaged. You're paying them to deliver good intact and to take reasonable care. You may have to go through a small claims court but looking at the picture, something has gone seriously wrong for a bonnet to be bent like that. It would be hard for them to argue they have fufilled their obligations. Considering a decent xb gt/gs bonnet with no rust is worth between $500 - 1000 I would definately be following it up. The company you contracted with utlimately has to take responsibility for the delivery of your bonnet and if it was a third party courier they contracted then they should follow this up. It annoys me that companies tell you unless you had insurance its your bad luck if it gets damaged. They have an obligation to fufuill their end of the contract, ie deliver good intact, if they can't do that through no fault of yours then they should compensate you. End of story.

Have you ever had anything transported by ANY carrier?

If you read the conditions on the consigmment note I think you'll find a section that says, or implies, that they are not liable for any damage unless YOU specify that you want the item insured.

Yes it sucks, but so do a lot of National carriers.

xe351 · 28-03-2010, 02:07 PM

either way that is disgusting, they should be liable whether they are legally or not, that bonnet is stuffed now, not even any good for conversion job. Hell, you could have chucked it in the back of a semi and it probably would have arrived in better condition. Can you tell us the name of the company so that we know who NOT to use in the future?

**GasoLane** · 28-03-2010, 02:44 PM

Most Transport companies (couriers) have wording similar to this in the small print....

I've chopped most of the really booring stuff...

TERMS AND CONDITIONS OF CONTRACT
Xxxx Pty Ltd is not a common carrier and does not accept the obligations or liabilities of a common carrier.

....The carriage and/or storage of the goods is solely at the risk of the Customer and/or the owner and not xxxx Pty Ltd, and xxxx Pty Ltd shall not be responsible in tort or contract or bailment of otherwise for any (and the consequences of any) loss of or damage to or deterioration of the goods or any mis-delivery or delay in delivery of the goods, including any perishable goods, either in transit or in storage for any reason whatsoever.

The Customer acknowledges and agrees that the loss of or damage to the goods or any part there of shall not of itself constitute prima facie evidence of negligence by xxxx Pty Ltd

The Customer hereby authorises, acknowledges and agrees that the goods may be carried by any route and means, or stored in any place which may in the absolute discretion of xxxx Pty Ltd be deemed as desirable or necessary in the circumstances.

If the nominated place should be unattended or if delivery cannot otherwise be effected by xxxx Pty Ltd, xxxx Pty Ltd may at its option deposit the goods at the nominated place (which shall be conclusively presumed to be due delivery hereunder) .

The Customer acknowledges that unless xxxx Pty Ltd is specifically requested in writing to do so, xxxx Pty Ltd is under no obligation whatsoever to arrange insurance of goods and that it remains at all times the responsibility of the Customer and/or the Owner of the goods to ensure that the goods are insured adequately or at all.

In no circumstances whatsoever will xxxx Pty Ltd be under any liability with respect to the arranging of any such insurance and no claim will be made by or on behalf of the Customer and/or the Owner of the goods against xxxx Pty Ltd for failure to arrange or ensure that the goods are insured adequately at all.

The G6ET Spot · 28-03-2010, 02:52 PM

I don't know why people still insist on sending things like this via a general carrier.

You should send it by a furniture carrier, at least they look after the goods better than general carriers and will be cheaper than using bigger companies like TNT and toll.

Gaz · 28-03-2010, 06:29 PM

Companies can have what ever they like in the small print, doesn't mean it over rules lawful requirements.

as I said you will need to do some research, but I do recall a case where the transport company was held liable regardless.

If you are negligent in doing your contracted duty then you are liable. You can't remove liability by simply saying I am not liable.

BOSHOG · 28-03-2010, 06:34 PM

this is exactly why i refused to send my blower by courier

Yellow_Festiva · 28-03-2010, 08:43 PM

Quote:

Originally Posted by GasOLane

Most Transport companies (couriers) have wording similar to this in the small print....

I've chopped most of the really booring stuff...

TERMS AND CONDITIONS OF CONTRACT
Xxxx Pty Ltd is not a common carrier and does not accept the obligations or liabilities of a common carrier.

....The carriage and/or storage of the goods is solely at the risk of the Customer and/or the owner and not xxxx Pty Ltd, and xxxx Pty Ltd shall not be responsible in tort or contract or bailment of otherwise for any (and the consequences of any) loss of or damage to or deterioration of the goods or any mis-delivery or delay in delivery of the goods, including any perishable goods, either in transit or in storage for any reason whatsoever.

The Customer acknowledges and agrees that the loss of or damage to the goods or any part there of shall not of itself constitute prima facie evidence of negligence by xxxx Pty Ltd

The Customer hereby authorises, acknowledges and agrees that the goods may be carried by any route and means, or stored in any place which may in the absolute discretion of xxxx Pty Ltd be deemed as desirable or necessary in the circumstances.

If the nominated place should be unattended or if delivery cannot otherwise be effected by xxxx Pty Ltd, xxxx Pty Ltd may at its option deposit the goods at the nominated place (which shall be conclusively presumed to be due delivery hereunder) .

The Customer acknowledges that unless xxxx Pty Ltd is specifically requested in writing to do so, xxxx Pty Ltd is under no obligation whatsoever to arrange insurance of goods and that it remains at all times the responsibility of the Customer and/or the Owner of the goods to ensure that the goods are insured adequately or at all.

In no circumstances whatsoever will xxxx Pty Ltd be under any liability with respect to the arranging of any such insurance and no claim will be made by or on behalf of the Customer and/or the Owner of the goods against xxxx Pty Ltd for failure to arrange or ensure that the goods are insured adequately at all.

I know that you agree to those "Terms and Conditions" when using the service, but is that legal? I'm no legal eagle but from what I can understand, once you hand over your goods and pay for their service they can pretty much do anything they choose with your item and you have no recourse for compensation?

Surely this cannot be legal, even if they say it is? Who in their right mind would agree to such terms?

**GasoLane** · 28-03-2010, 09:04 PM

I dont know about the legallities of it but if it was me I'd be talking to the Dept of Fair Trading.

LukeGT.
Just how was the bonnet packed?
Were their stickers saying fragile or top load only?

RedHotGT · 28-03-2010, 09:23 PM

unfortunately with freight - you generally get what you pay for...

the people that are happy with paying extra for something, usually get the better service/product...

You can actually send things on a company that runs a bus interstate... cant think of the name - but if it comes to me - i'll post...

**GasoLane** · 28-03-2010, 09:50 PM

The Skinny Dog Bus Co.

But I think a bonnet would be a bit big for them.

GT-E · 28-03-2010, 11:38 PM

it is true that most couriers have a no care not responsible attitude and T&C are written that way.
I run a computer company and we have a marine transit insurance policy that covers all goods being shipped by post/courier/freight and our cars. This was after we regularly had notebooks and servers knocked off.
We had the odd courier charged with theft, but it was laways difficult to prove.
If you kick up a stink with the company and lodge a claim, you may have a chance, but I doubt it.

vee-eight · 28-03-2010, 11:42 PM

If it had all the preventative measures in place then they should be compensating you I believe, i work for a large courier company and we look after people who have had damages with the appropriate labeling or packaging.

Mickxr8 · 29-03-2010, 02:54 AM

when i was a storeman anything that came in looking `iffie` ie damaged cartons i would write a big STC ( subget to check ) and then sign my name on the con note. covered our a## .

rag top · 29-03-2010, 09:54 AM

I've sent a few bonnets interstate; if the company won't insure it up front, find another company. Always inform the customer of their obligations to check that the goods are in perfect condition before signing for it (even then some still ignore it). Build a crate to protect it. Costs about $40-50 in timber. Doesn't always stop it being damaged, but majorly increased the survival rate.

RedHotGT · 29-03-2010, 10:31 AM

I do feel that if it was sent as you see it in the photo... it was always going to be a bad result...

If its not boxed, wrapped, strapped to a pallet, or crated... you can almost guarantee its gonna be damaged...

prydey · 29-03-2010, 01:16 PM

having driven on the poor excuses for national highways, its a wonder there isn't a lot more damaged goods than there are already.

JC · 29-03-2010, 09:35 PM

I find that insured goods generally get there in tact, and uninsured goods go missing. It's almost like the employees at the depots etc look to damage as much uninsured stuff as they can.

I now send everything with insurance, even if it's only worth $50 or so.

Cabbage · 29-03-2010, 10:31 PM

Quote:

Originally Posted by Yellow_Festiva

I know that you agree to those "Terms and Conditions" when using the service, but is that legal? I'm no legal eagle but from what I can understand, once you hand over your goods and pay for their service they can pretty much do anything they choose with your item and you have no recourse for compensation?

Surely this cannot be legal, even if they say it is? Who in their right mind would agree to such terms?

Im no legal eagle but as I understand it any company can put a number of conditions in a contract but they cannot waive the basic common law principles of contracts. For example if you pay for a service then you are entitled to expect that a company will deliver that service. If they don't in our example damage an item through negligence then they haven't fufilled their end of the contract. Companies put conditions in their contracts to I think, especially in the case of couriers, to limit their financial exposure if something gets damaged. If something gets damaged, the average punter things I don't have insurance so I can't make a claim for any damage, courier wins. However i woud suggest in most cases where the owner of the good is not at fault and the item is damaged in transit, an application to a small claims tribunal would see damages paid to the owner of the item. As long as you haven't contributed to the damage, by for example giving the courier company a box of glasses and not telling them its glass, then I think most people would be able to recover damage to items transported.

Tell me how a bonnet in good condition, if the courier company has fufilled its basic contractual obligation and taken reasonable care to transport an item from one location to another in the same condition, how can a bonnet end up like it did and the company say its not responsible. No court would agree with this, provided it wasn't already damaged etc.

Take them to the small claim tribunal, don't accept this its not good enough. Also, dare i say it that companies turn a dollar out of selling insurance to customers when really they might not need it. Call me a cynic.