Tricky-Ricky Posted February 20, 2007 Share Posted February 20, 2007 Or the lack of it! brought an XS Power exhaust from the ebay shop last Tuesday, and was very impressed as it arrived from the US on Friday:) But not so when I opened the package, I first found a small dent and a couple of scratches where the two pipes where taped together, now I can except this to a degree as one of the perils of shipping, although it still shouldn't of happened, but on further examination I found quite a large dent on the silencer:( this I cannot except! the system was very well packed, and to my mind I would be surprised if the damage was actually done in transit, which means it was packed without being checked, I sent emails to the Ebay contact for them and to [email protected], and also to [email protected] including pictures of the damage, only got a reply from jason saying, "Hi there, Sorry to hear you have had damage to your system, You can either, make a claim with FedEx, or return the system to us, and we will either refund you or send out a new system to you, kindest regards," Now sounds good maybe but, I replayed asking where to send it and would it be at my expense? Got this reply this morning "Hi, sorry for the delay, you can return the system if you wish, to us in the UK, or file a claim with FedEx, they will send out a guy to check the damage and compensate accordingly, if you return the item, one will be shipped out upon receipt of your system, kindest regards" To which I replied that I don't think I should be paying for the return, as the damage was either there when packed or in transit, and that I not unreasonably think? not have to pay out, could be £30 to return a damaged item, and that I didn't think much of their customer service, I also pointed out that if I was to try and make a claim to FedEx, it would be rather difficult as XS Power in the US shipped the item marked as an evaluation sample, with no commercial value! So I am not happy, no reply from the US only Jason. Now I don't think this is an unreasonable request, and that most other companies I have dealt with would arrange collection and a replacement would be despatched very quickly! I am now going to send the communications that I have had from Jason to XS Power/SSAutochrome in the US and see if I can get anything sensible back! Link to comment Share on other sites More sharing options...
michael Posted February 20, 2007 Share Posted February 20, 2007 "Ha ha ha, another happy customer" (XS get their stuff from http://www.motoria.co.kr as far as I'm aware) Jason seems to be a lot better at dealing with things than XS in the US from what I've seen on the MR2 forums, he can argue though... http://www.imoc.co.uk/forums/viewtopic.php?t=53654& Link to comment Share on other sites More sharing options...
Todd Posted February 20, 2007 Share Posted February 20, 2007 Now I don't think this is an unreasonable request, and that most other companies I have dealt with would arrange collection and a replacement would be despatched very quickly! Really? I wouldn't expect any company to pay for me shipping back goods that were damaged in transit, wasn't their fault, why should they have to pay! I would expect at the end of the day to be reimbursed by the delivery company through whatever insurance was in place but once again, I don't see it being the fault of the dealer. Link to comment Share on other sites More sharing options...
Whitesupraboy2 Posted February 20, 2007 Share Posted February 20, 2007 Generally any company I have ever dealt with makes you pay to post the item back, Im not talking just automotive...computers...clothes etc.. (some catolgues will collect) Only difference is this time its a larger item Link to comment Share on other sites More sharing options...
Jake Posted February 20, 2007 Share Posted February 20, 2007 Really? I wouldn't expect any company to pay for me shipping back goods that were damaged in transit, wasn't their fault, why should they have to pay! No, Ricky is right; It's the seller's responsibility to get the items to you in good condition. They must love people like you though. Link to comment Share on other sites More sharing options...
Pete Posted February 20, 2007 Share Posted February 20, 2007 If you can get FedEx to claim responsibility, can't they send it back free? Link to comment Share on other sites More sharing options...
Todd Posted February 20, 2007 Share Posted February 20, 2007 No, Ricky is right; It's the seller's responsibility to get the items to you in good condition. They must love people like you though. Sorry disagree. Read the returns policy of some of the traders on here, for example http://www.envyperformance.com/index.cfm?fuseaction=page.display&page_id=15&CFID=6061085&CFTOKEN=92302555 You pay for the return but you will be refunded. PS, every one loves me Link to comment Share on other sites More sharing options...
Scoboblio Posted February 20, 2007 Share Posted February 20, 2007 I agree with Jake on this one. If the company takes my money then the choice of courier is theirs, as is the responsibility. In situations like this, never be fobbed off with the 'you'll have to deal with the middle man' rubbish that a lot of companies try on..... if they've taken your money then it's their problem. Link to comment Share on other sites More sharing options...
Tricky-Ricky Posted February 20, 2007 Author Share Posted February 20, 2007 Generally speaking, if a shipping company that you paid to get a package intact to a destination, delivered it with damage, then you as the suppler should have a responsibility to the customer to resupply an intact item and take up any claims from the shipping company, after all, all the customer did was to purchase the item surly you wouldn't expect them to chase around and pay yet more money? Oh and here is a bad photo of the damage, http://www.imagestation.com/picture/sraid224/p4b849e154132464bd8b4f19d0ace69ad/ea997989.jpg Link to comment Share on other sites More sharing options...
Jake Posted February 20, 2007 Share Posted February 20, 2007 Read the returns policy of some of the traders on here, for example http://www.envyperformance.com/index.cfm?fuseaction=page.display&page_id=15&CFID=6061085&CFTOKEN=92302555 They can put what they like in their policy, doesn't make it right though. Your statutory rights are not affected by what the vendor chooses to put in his terms. Similarly, the trader in another thread refusing to refund a faulty clutch because he claims it was "sold as seen" is wrong too. He can't avoid his legal obligation under the Sale Of Goods Act just by saying that. Link to comment Share on other sites More sharing options...
carl0s Posted February 20, 2007 Share Posted February 20, 2007 I don't think you are able to claim from FedEx, since it's not you who has the FedEx account. Link to comment Share on other sites More sharing options...
Gaz Walker Posted February 20, 2007 Share Posted February 20, 2007 No, Ricky is right; It's the seller's responsibility to get the items to you in good condition. They must love people like you though. Jake, Thats not true, as long as the goods leaves the seller in perfect condition we cannot be held liable for damage in transit by a third party, even if we charge for it - its upto the buyer to claim of the insurance of the courier, although we always help with that as its not fair to dump it on the customer. The governments own consumer advice site even states that costs of sending items back are at the cost of the customer: http://www.consumerdirect.gov.uk/general/shop_home/fs_r01.shtml Gaz. Link to comment Share on other sites More sharing options...
DamanC Posted February 20, 2007 Share Posted February 20, 2007 Sorry to hear this Rick, all a pain in the arse isnt it? Link to comment Share on other sites More sharing options...
supra matt Posted February 20, 2007 Share Posted February 20, 2007 Hi tricky to be oniced i would just fit it as the damage is not going to afect the way it flows and your never going to see it once on the car ? Link to comment Share on other sites More sharing options...
RobSheffield Posted February 20, 2007 Share Posted February 20, 2007 The problem you may have with Fedex is the amount of time to claim etc Also, iirc, you are meant to check in front of the driver to ensure its all ok, and refuse to sign if it isnt.....even writing 'unchecked' wasnt good enough, again iirc, from a number of threads Link to comment Share on other sites More sharing options...
Jake Posted February 20, 2007 Share Posted February 20, 2007 Jake, Thats not true, as long as the goods leaves the seller in perfect condition we cannot be held liable for damage in transit by a third party, even if we charge for it - its upto the buyer to claim of the insurance of the courier, although we always help with that as its not fair to dump it on the customer. The governments own consumer advice site even states that costs of sending items back are at the cost of the customer: http://www.consumerdirect.gov.uk/general/shop_home/fs_r01.shtml Gaz. Ah but doesn't that site just give broad and general advice? It makes no differentiation between the buyer changing his mind through no fault of the seller (or the courier) and the buyer rejecting the goods because they aren't of an acceptable quality/condition. Sale and Supply of Goods Act 1994 (c. 35) I believe is more relevant to the delivery and acceptance of damaged goods. Acceptance of goods and opportunity to examine them. (2) Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose— (a) of ascertaining whether they are in conformity with the contract Note that it is an actual law rather than a piece of consumer advice. Link to comment Share on other sites More sharing options...
RedM Posted February 20, 2007 Share Posted February 20, 2007 My company will always pay for goods to be returned to us UNLESS the item is being returned for a reason such as the customer ordered the wrong thing or doesn't want it any longer. It's all about keeping your customers happy, innit? Link to comment Share on other sites More sharing options...
Tricky-Ricky Posted February 20, 2007 Author Share Posted February 20, 2007 Hi tricky to be honest i would just fit it as the damage is not going to affect the way it flows and your never going to see it once on the car ? Your right to a point Matt but i have checked the position of the dent and unfortunately it will be just visible from the side view:( but my gripe is that it should never have been delivered in that condition, and as for checking it, you try and get a delivery driver to hang about while you unpack:rolleyes: it took me five minuets, it was that well packed! which is why i am of the opinion that it was like that before it was packed, In the end i don't see why i should have to cough up whatever it will cost to send it back with no grantee that i will be reimbursed:search: i might just as well paid more and bought it from somewhere else! Link to comment Share on other sites More sharing options...
Chiefgroover Posted February 20, 2007 Share Posted February 20, 2007 It's Fedex's baby now, when they have stated that Fedex will send a guy out to inspect it, and no doubt collect it too, you wont be out of pocket at all, and they that did the damage can do the compensating. I think XS have been fair enough about this. It's your call to take on Fedex. Link to comment Share on other sites More sharing options...
Todd Posted February 20, 2007 Share Posted February 20, 2007 They can put what they like in their policy, doesn't make it right though. Your statutory rights are not affected by what the vendor chooses to put in his terms. All sales that are not face to face are covered by the Distance Selling Regs and in there it states Item damaged in transit - If the item delivered has been damaged in transit you can return the item within 30 days or receipt for replacement or a full refund including postage. You may think that they have to pay for the returns postage up front but by the letter of the law, they don't, they just have to refund it on return of goods. As Chiefgroover said above, XS have played it to the letter. Link to comment Share on other sites More sharing options...
Tricky-Ricky Posted February 20, 2007 Author Share Posted February 20, 2007 It's Fedex's baby now, when they have stated that Fedex will send a guy out to inspect it, and no doubt collect it too, you wont be out of pocket at all, and they that did the damage can do the compensating. I think XS have been fair enough about this. It's your call to take on Fedex. You misunderstand they have just suggested that i claim from FedEX, or return it to them, (which i presume at my expense as despite my repeated asking, they have not suggested that they would organise a collection) and also have not mentioned if i would be compensated, if you read my earlier post, the shipping document states no commercial value, so how do i obtain compensation for an item with no value? Link to comment Share on other sites More sharing options...
hadyn Posted February 20, 2007 Share Posted February 20, 2007 I might buy it off you if you get stitched up Ricky, do these xs power zorsts look any good up close and personal? Link to comment Share on other sites More sharing options...
Tricky-Ricky Posted February 22, 2007 Author Share Posted February 22, 2007 Well had no replies at all, so unless i just bite the bullet and take a chance at just sending it back and trust to luck that i get A a replacement and B carriage refund, otherwise i will just have to fit it as is! apart from the dent it is very well made, with good welds and all fully polished. Link to comment Share on other sites More sharing options...
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