Do you REALLY need goods in transit insurance??

[jfhall82]

This is a speculative question, and I'm sure I've seen a post covering it but I just can't find it.

 

I'm incredibly irritated by the fact that it is now common place for couriers to charge an additional insurance premium to protect against theft/loss/damage to the goods you post. Often this insurance is more than the actual delivery charge!

 

They are asking you to take out insurance to cover their own negligence! Surely if they lose, damage or an employee steals it this is a matter for them to take up with their own insurance not for me to claim on my own! This be a breach of contract for which they would be liable up to the declared value of the goods surely?

 

I concede you might have a battle on your hands but I'm convinced the law would be on your side and I'm convinced I saw a post to this affect.

[Woodys Wonders]

This is a speculative question, and I'm sure I've seen a post covering it but I just can't find it.

 

 

 

I'm incredibly irritated by the fact that it is now common place for couriers to charge an additional insurance premium to protect against theft/loss/damage to the goods you post. Often this insurance is more than the actual delivery charge!

 

 

 

They are asking you to take out insurance to cover their own negligence! Surely if they lose, damage or an employee steals it this is a matter for them to take up with their own insurance not for me to claim on my own! This be a breach of contract for which they would be liable up to the declared value of the goods surely?

 

 

 

I concede you might have a battle on your hands but I'm convinced the law would be on your side and I'm convinced I saw a post to this affect.

 

 

 

But what would you do if they weren't negligent! If the vehicle was hit by an uninsured third party or hit & run or it could be a forcible theft whilst the courier was still with the vehicle, for which he couldn't be found negligible!

[jfhall82]

That would still constitute breech of contract would it not? They were contracted to deliver goods, they failed. The loses arising would be a matter for their own insurers.

 

The circumstances you refer to are going to be the smallest minority of cases... by far and away the majority of complaints against couriers are for loss/theft/damage arising through negligence in their own supply chains.

[Old Cogger]

another money racket! post office was the worse when I worked for a large department store = never seen a claim paid out! fact!

[Conniff]

The Sale of Goods Act states that the seller is responsible for goods up until they are delivered to the consumer.

Any damage or breakage en route is the responsibility of the seller. So, you shouldn't be told to take up your complaint with the delivery company. Nor should you be told that you'll need to claim on the delivery company's insurance.

 

That means the seller is the one to buy the insurance and not the buyer. It matters not to the buyer if it is delivered or not, the seller must either replace or refund and it's up to the seller to make any claim against the delivery company or insurance 'they' take out against failure of delivery.

 

A buyers claim is always against the seller and never against the delivery company even if it is the delivery companies fault.

 

Also a good point to add here is that any signature that you give the delivery company is merely a receipt of delivery and not an acceptance of the goods or a statement that the goods are as described, in good working condition and not damaged.

 

This is true even if the slip or machine you sign says you confirm that the goods are received in good condition, you cannot sign away your consumer rights even if you want to.

Edited April 11, 2013 by Conniff

[jfhall82]

The Sale of Goods Act states that the seller is responsible for goods up until they are delivered to the consumer.

Any damage or breakage en route is the responsibility of the seller. So, you shouldn't be told to take up your complaint with the delivery company. Nor should you be told that you'll need to claim on the delivery company's insurance.

 

That means the seller is the one to buy the insurance and not the buyer. It matters not to the buyer if it is delivered or not, the seller must either replace or refund and it's up to the seller to make any claim against the delivery company or insurance 'they' take out against failure of delivery.

 

A buyers claim is always against the seller and never against the delivery company even if it is the delivery companies fault.

 

Also a good point to add here is that any signature that you give the delivery company is merely a receipt of delivery and not an acceptance of the goods or a statement that the goods are as described, in good working condition and not damaged.

 

This is true even if the slip or machine you sign says you confirm that the goods are received in good condition, you cannot sign away your consumer rights even if you want to.

 

Thanks... That's what I understood to be the case. However, my question is concerning booking your own courier to a 3rd party via the likes of interparcel

[Conniff]

As the regulations doesn't mention 'who' hired the delivery company, I think the above still stands.