Failed delivery
#1
Failed delivery
Purchased a generator a couple of weeks ago, and payment only cleared last week, so the company i bought it from used a freight company to ship it to me in N.ireland. I was told by the seller to expect delivery on Friday, and as the generator is 2 tonnes, i hired a forklift for the day at £135.
friday came and no generator. Called the seller who gave me the shipping company's number, who said there was a delay with the sailing to belfast, and the goods were still on the mainland. Told me i would not get it untill Monday, as their division in Belfast would be closed over the weekend. I said i would be claiming the cost of the forklift hire for monday from them, as they failed to deliver in 48hrs, and they said they would not pay as the seller failed to pay an additional compensation fee, on top of the £300 basic charge.
Got a call today from the shipping agent who told me i would not get the delivery today, and it would defintely be tuesday.
not so worried about the time delay, but its the cost of the forklift i am having a problem with.Friday was £135, and saturday and Monday is another £135, with tuesday being another £90.
What i really need to know is legally who is responsible for all the delays and hence the cost of the forklift? the manager at the freight company on promised it would be delivered on Monday, and she was aware an expensive forklift was needed.
friday came and no generator. Called the seller who gave me the shipping company's number, who said there was a delay with the sailing to belfast, and the goods were still on the mainland. Told me i would not get it untill Monday, as their division in Belfast would be closed over the weekend. I said i would be claiming the cost of the forklift hire for monday from them, as they failed to deliver in 48hrs, and they said they would not pay as the seller failed to pay an additional compensation fee, on top of the £300 basic charge.
Got a call today from the shipping agent who told me i would not get the delivery today, and it would defintely be tuesday.
not so worried about the time delay, but its the cost of the forklift i am having a problem with.Friday was £135, and saturday and Monday is another £135, with tuesday being another £90.
What i really need to know is legally who is responsible for all the delays and hence the cost of the forklift? the manager at the freight company on promised it would be delivered on Monday, and she was aware an expensive forklift was needed.
#4
Originally Posted by fast bloke
Bit late now, but would it not be their responsibility to get it off the lorry and parked in a reasonable place of your choosing?
if i thought i could get away with saying "right mate just set it there.....", even though he won't have a forklift.But maybe the generator would just end up in a warehouse somewhere.....
#5
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The contract is between the haulier and who ever is paying them. The payer will have agreed to the terms of the hauliers contract. If you have incurred costs, then you need to refer to the contract between you and the person you purchased from to see if that contract makes provision for you to claim expenses due to late delivery. If not - you could speak to them and explain the situation and ask what they are prepared to do. They may be prepared to meet part of the cost, but then again they may tell you to take a running jump.
#6
Did the people you bought it from tell you you needed a forklift on site for delivery? If I was buying a generator I would be stuffed, cos I can't drive a forklift. I would expect that they would be able to deliver it, as opposed to drive past my house with it.
#7
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I always thought delivery meant that the goods would be unloaded for you, especially for one off deliveries like this.
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#8
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Originally Posted by scoobynutta555
I always thought delivery meant that the goods would be unloaded for you, especially for one off deliveries like this.
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