Uninsured package

[e30m3Mark]

Just wanted to try and find out where I stand regarding a lost package?

I sent a set of BMW S14 con rods and pistons to be balanced, shot peened etc. The people doing the work sent them back by ''next day'' courier. 4 days later and still nothing had arrived so I began chasing them in earnest.

It transpired they used an agent, who in turn used a well known courier company. (3 letters) I had to wait 5 days for them to search their depots etc. Meanwhile, my car is sat taking up space in a workshop and my engine builder can't do anything but wait. Eventually I risk losing my spot with the builder and buy a set of aftermarket rods, which are actually cheaper than the missing OE items. I tell the shipping agent that I am going to seek the cost of replacement rods only to be told that they were not insured and the best I can hope for is £14.00 standard liability insurance.

Am I right to assume that the responsibility lays with the company that sent my property back, as they didn't insure it against loss?

[catman]

If the people who did the work on the parts paid for the Carrier, then it's their problem. If you arranged for collection, then it's yours.

Tim

[Boosted LS1]

As above. The people who sent them are responsible.

Mind you, if you specifically instructed them to use a certain carrier and you'd pay for it etc, then I'm not sure how that would stand but somebody will be along in a moment.

[e30m3Mark]

Thanks Tim. It was they who arranged everything.

I paid for replacements out of my own pocket, as I simply cannot afford to lose my slot with the builder and suffer even more delays, so will be seeking reimbursement. Is that reasonable?

[catman]

That's more difficult, as you didn't give them the opportunity to rectify the problem. They could probably have purchased replacements far cheaper than you, for example.

Did you speak to them about the problem before purchasing the replacement parts?

Tim

[e30m3Mark]

I did, but they said, were the package not to be found by DHL, it would be a couple of weeks till they could get another set of rods and put them through the whole refurb' process and I just couldn't afford yet further delays. They were as keen as I that the original rods and pistons were found.

I've said I am prepared to swallow the loss of the pistons but I only had till yesterday to get a set of rods to my engine builder, hence my buying elsewhere. Even if I had given them the opportunity, it would have been Christmas before they could get replacements here and the end of January before I could get another slot with the builder.

Had they been insured, I would have just claimed new replacements and they would have cost far more than a set of aftermarket rods. Now though, I imagine they'll be less keen to reimburse me and will argue they could have found an old set of rods and pistons to then put through the whole refurb' process. I'm trying to be fair by swallowing the loss of the pistons myself and only asking for the rods.

I'm pretty disappointed to find my package wasn't insured. I'd expected more and this whole situation is something I could simply do without.

Edited by e30m3Mark on Saturday 9th December 14:12

Edited by e30m3Mark on Saturday 9th December 14:20

[Nickyboy]

You can seek reimbursement but if they don't play ball then you'll have to go down the small claims route. Insurance is available if they wanted to pay for it but by the sounds of it decided not to in order to save a few quid.

[a.lex]

e30m3Mark said:

I'm trying to be fair by swallowing the loss of the pistons myself and only asking for the rods.

Why would that be "fair"? Was any of this actually your fault? Sounds to me like it was 100% their fault for using an uninsured courier.

[e30m3Mark]

a.lex said:

e30m3Mark said:

I'm trying to be fair by swallowing the loss of the pistons myself and only asking for the rods.

Why would that be "fair"? Was any of this actually your fault? Sounds to me like it was 100% their fault for using an uninsured courier.

Oh it is, but I suppose I just want to make it as painless as I can. I had never planned using the OE pistons anyway, so they'd probably just gather dust, so if forgoing them now means they'll reimburse me on the rods without arguing about it, it's a price worth paying.

Edited by e30m3Mark on Saturday 9th December 17:25

[catman]

The simplest thing at this stage would be to speak to the people who did your work and see how co operative they are. Far better to get an amicable agreement than to take it through court.

If the worst happens and you do need to go legal, it will also look good that you were reasonable in trying to settle your claim without involving the courts.

Tim