If a package is poorly packaged and the box is damaged in transit, who bears the fault? Basically, a local bike shop packaged a bike, the packaging became unravelled in shipment and the box must have been dropped or sadwhich in shipment. The bike is in no where near as pristine shape as it was upon shipment. What to do?
The sale/transaction is not complete until you have taken and accepted delivery. Based on your description, it does not sound like you should be at fault. How long ago did you receive it? I would suggest contacting the bike shop immediately. The same thing happened to me when I purchased my P3C from Mission Bay Multisport. I was a regular there, and I had purchased other bikes there before. Just before I moved last fall, I purchased the P3C. They shipped to my new address. When I received the bike, the right chainstay was cracked. Mission Bay realized the problem was either their fault or UPS’…not mine. They shipped me a new frame within a week. You are able to refuse delivery of a product if it is not in proper working condition. Mission Bay is a class-act top notch store, and they did the correct thing. Do not let the bike shop try to convince you it is your loss or up to your insurance. If it is their fault, then they should rectify immediately.
I am the shipper. The bike was received by the recipient and I assume he signed for it. I have advised him to take photographs of EVERYTHING. Meanwhile, I am filing a claim with UPS. I assume they will send someone to inspect and begin the finger pointing game. Hopefully they will cherish their national account with Sun and Ski Sports (the packager and true shipper here) and they can work something out.
As the bike was used and not from a dealer, I am unable to replace the bike at my own expense until the matter is resolved.
In a commercial setting the UCC (Uniform Commerical code) says that for a “destination” shipping contract (meaning you have hte responsibilty to ship it to a particular destination) the seller bears the “risk of loss.” Meaning if its damaged in transit, the seller is responsible when no one is at fault. Presumably though the carrier (UPS?) is somehow at fault. The liability clearly lies on anyone but the buyer. To the extent the carrier’s insurance doesn’t cover it, seller is on the hook. Of course in a consumer context it will be even more friendly (as if that’s possible) to the buyer.
I’m not sure how UPS does it, but when I shipped a bike via FedEx at a Kinko’s, the worker told me that in order to be eligible for the full insured value, she had to open the box and inspect the contents to make sure they were properly packaged. I let her open it, she approved and if the bike were damaged in any way during transit I would hav efully expected FedEx to cover the cost.
You gave the bike to the LBS for packaging and shipping? They packed it and gave it to UPS/Fedex/whoever for actual shipping? Did they ask you if you wanted to insure it? Did they ask you for a value?
It sounds like the LBS in on the hook to you, but they will want to pursue the matter with the shipping company.
Yes to all questions. UPS will investigate.
Lean on the LBS. Don’t let them make you wait for UPS to make it right with them first. They need to make it right with you, and deal with UPS on their own. Of course, agreeing on what is ‘right’ is going to be interesting.
Check out this series of articles:
I am banking on the LBS’ national account with UPS to help streamline this process. UPS will likely show them more attention than they would to me had I shipped from home.