| Quick legal question 12:10 - Jul 26 with 2840 views | BerlinBlue |
Since I don't have a clue, maybe one of you knowledgeable people has any insight: if you buy a product and it's delivered damaged, who is responsible for that damage, the manufacturer, retailer or delivery people?
In my case I'd say the packaging in general isn't sufficient to properly protect the product, which would then be a possible cause of the damage, and so in my thinking should ultimately be the responsibility of the manufacturer. However, the manufacturer refuses to help saying that by purchasing from the retailer I "entered a binding legal contract" with the retailer, therefore it's the retailer who is responsible. They've ignored my remark about the packaging and seem to be washing their hands of any responsibility. Any thoughts? |  | | |  |
| Quick legal question on 12:15 - Jul 26 with 2813 views | Illinoisblue |
Nothing to do with the manufacturer. |  |
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| Quick legal question on 12:30 - Jul 26 with 2771 views | BerlinBlue |
| Quick legal question on 12:15 - Jul 26 by Illinoisblue |
Nothing to do with the manufacturer. |
Why not though? If they don't package the product well enough to protect it, aren't they responsible? | | | |
| Quick legal question on 12:33 - Jul 26 with 2758 views | ITFC1983 |
| Quick legal question on 12:30 - Jul 26 by BerlinBlue |
Why not though? If they don't package the product well enough to protect it, aren't they responsible? |
It is up to the retailer to decide if the packaging is sufficient, they have bought the product of the manufacturer and they could request better packaging etc but that will all come at a cost.
It might be that the retailer then claims on the back of your complaint to the manufacturer but as the retailer was the 'supplier' to you it is for them to sort out direct with you and then up to them to claim from the haulage company/manufacturer.
*This is from my limited knowledge, so not sure if 'legally' correct... |  |
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| Quick legal question on 12:34 - Jul 26 with 2742 views | Bluebell |
| Quick legal question on 12:30 - Jul 26 by BerlinBlue |
Why not though? If they don't package the product well enough to protect it, aren't they responsible? |
Why should they be responsible?
I would say that whoever packaged it up to send it would be responsible. They have to make sure it will be safe in transit bearing in mind the treatment it may receive while being delivered. |  | | |
| Quick legal question on 12:43 - Jul 26 with 2716 views | BerlinBlue |
Thanks for the replies, much appreciated. I'll contact the retailer. Would be easier though if the manufacturer packaged it properly in the first place... | | | |
| Quick legal question on 12:46 - Jul 26 with 2691 views | Lord_Lucan |
| Quick legal question on 12:43 - Jul 26 by BerlinBlue |
Thanks for the replies, much appreciated. I'll contact the retailer. Would be easier though if the manufacturer packaged it properly in the first place... |
The answer as already confirmed is the retailer as that is whom your contract is with.
If the package was damaged by the courier then the retailer will claim off of them.
If the packaging is so bad that it isn't fit for purpose then the retailer will claim off the manufacturer. |  |
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| Quick legal question on 13:10 - Jul 26 with 2655 views | BadgerBajner |
| Quick legal question on 12:43 - Jul 26 by BerlinBlue |
Thanks for the replies, much appreciated. I'll contact the retailer. Would be easier though if the manufacturer packaged it properly in the first place... |
I see no reason why you would think the manufacturer is to blame in this, and certainly I would anticipate that they would defend any claim on them from the Retailer.
1. If the manufacturer has delivered the item to the Retailer, who has then shipped it on to you in the same packaging and then there is damage, then it was the Retailer's decision to use that packaging. The manufacturer would argue the packaging was fit for delivery to the Retailer, but from there, they take no further responsibility.
2. If the manufacturer has delivered direct to you on behalf of the Retailer, then the retailer should specify what packaging would be required for that delivery. If the manufacturer has complied with the specification, then again it is the Retailer's responsibility. |  | | |
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| Quick legal question on 13:13 - Jul 26 with 2642 views | BerlinBlue |
| Quick legal question on 13:10 - Jul 26 by BadgerBajner |
I see no reason why you would think the manufacturer is to blame in this, and certainly I would anticipate that they would defend any claim on them from the Retailer.
1. If the manufacturer has delivered the item to the Retailer, who has then shipped it on to you in the same packaging and then there is damage, then it was the Retailer's decision to use that packaging. The manufacturer would argue the packaging was fit for delivery to the Retailer, but from there, they take no further responsibility.
2. If the manufacturer has delivered direct to you on behalf of the Retailer, then the retailer should specify what packaging would be required for that delivery. If the manufacturer has complied with the specification, then again it is the Retailer's responsibility. |
Well, I did say I don't have a clue :) Thanks for your info. | | | |
| Quick legal question on 13:15 - Jul 26 with 2634 views | Deano69 |
Who did you pay? There's the answer |  |
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| Quick legal question on 14:28 - Jul 26 with 2544 views | factual_blue |
| Quick legal question on 12:34 - Jul 26 by Bluebell |
Why should they be responsible?
I would say that whoever packaged it up to send it would be responsible. They have to make sure it will be safe in transit bearing in mind the treatment it may receive while being delivered. |
This is what the post-brexit future holds for us all - shoddy packaging. |  |
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