SProducts 10 Posted September 30, 2010 I sold a phone to a buyer and it was sent last week through Speed Services, apparently the parcel is lost by Speed services. Unfortunately it wasnt insured and so that means we cannot claim for anything. Although I cannot confirm its lost, the buyer has been shouting for a refund as they have waited long already for the phone. On my shipping terms, I have mentioned that I'm not responsible for uninsured parcels. "ADD 2% for insurance, we are not responsible for uninsured parcels that are lost or damaged through the post." Am I responsible to refund the buyer or send them a new phone which will cost me more than R1000.00? Sipho Share this post Link to post Share on other sites
lilythepink 10 Posted September 30, 2010 Hi Sipho - if you've specifically stated in your listings that you are NOT responsible for uninsured parcels, then I don't think you should be liable to let the buyer have a replacement. HOWEVER, you can surely claim from your courier service who has "lost" the phone and then you can refund the buyer or give him/her a replacement? If you have proof of handing over of the phone to your courier service (i.e. the waybill) then I believe that the courier service is liable to pay you whether the item was insured or not. You gave it to them in "safekeeping" pending delivery - they didn't "safekeep" the item as all courier services should do! That's my opinion but I'd like to hear what others think. Share this post Link to post Share on other sites
ziggy2000 10 Posted September 30, 2010 Hi Sipho, you have given the buyers the option to insure and if they opt not to, then it is not your responsibility - simple as that. I do hope you found your parcel though! Rgds, Michelle Share this post Link to post Share on other sites
SProducts 10 Posted September 30, 2010 Thanks guys, its just that its a very difficult situation. @Lilythepink, I once heard that Speed Services will only give you back the shipping amount and nothing else. Do I have any legal right to forcee them to pay? Its just stupid, the parcel was scanned from the post office and sent to their hub. It was scanned there twice and it ended there. The people who developed the consumer proteection act, should have included the courier and post office to make them accountable. Sipho Share this post Link to post Share on other sites
lilythepink 10 Posted September 30, 2010 With the new Consumer Protection Act coming into force (I believe this month?!), I think the Post Office will have no option but to rethink its ways. And, yes, I believe if it was registered in the PO system and "just disappeared" that is tantamount to theft and, yes, the PO should have to pay up for theft by their staff. (Perhaps consider going to the Small Claims Court?) Good luck. Share this post Link to post Share on other sites
SProducts 10 Posted September 30, 2010 Thanks for the advice and encouragement. Sipho Share this post Link to post Share on other sites
RISadler 10 Posted September 30, 2010 FYI, with SpeedServices insurance is 1% of the total value. Could have been R10 well spent? Share this post Link to post Share on other sites
Asha Craft Jewellery 10 Posted October 1, 2010 Yes, but if the buyer did not pay the insurance fee then you are NOT liable. End of story. Speed Service will not refund the full shipping amount, ONLY R50. As stated at the bottom of their waybills. File a query with your postoffice immediately and tell the buyer that you will forward the query correspondence to him/her if they want to claim the R50. Do NOT allow the buyer to make you feel bad about this. It is not your fault, and they knew the risk of not paying for insurance. I'm sorry, but we cannot always be the ones to blame. You will possibly get a bad rating from the buyer, because they will be mad at themselves. But it will be a lesson learned. Also... see it this way... Do you want to pay R1000 for a better rating? Share this post Link to post Share on other sites
SProducts 10 Posted October 1, 2010 Do NOT allow the buyer to make you feel bad about this. It is not your fault, and they knew the risk of not paying for insurance. I'm sorry, but we cannot always be the ones to blame. You will possibly get a bad rating from the buyer, because they will be mad at themselves. But it will be a lesson learned. Also... see it this way... Do you want to pay R1000 for a better rating? Seems you know how I feel. The whole problem is I kind of feel bad for the buyer, although they make it my problem and demanding I refund them as they cant wait anymore. I fully agree I cant take the loss for the buyer's mistake. Sipho Share this post Link to post Share on other sites
Asha Craft Jewellery 10 Posted October 1, 2010 demanding a refund because they cant wait anymore? Sounds like the buyer realized they should not have risked no insurance and now regrets it. Blaming the seller makes it easier. I will stand my ground Sipho, don't be bullied into a corner. I say it again, the buyer knew the risk of no insurance. It was stated in your listing! Share this post Link to post Share on other sites
eZethu Coins 10 Posted October 2, 2010 I sold a phone to a buyer and it was sent last week through Speed Services, apparently the parcel is lost by Speed services. Unfortunately it wasnt insured and so that means we cannot claim for anything. Although I cannot confirm its lost, the buyer has been shouting for a refund as they have waited long already for the phone. On my shipping terms, I have mentioned that I'm not responsible for uninsured parcels. "ADD 2% for insurance, we are not responsible for uninsured parcels that are lost or damaged through the post." Am I responsible to refund the buyer or send them a new phone which will cost me more than R1000.00? Sipho SS now apparently include R1500 cover automatically with their pre-paid bags - but you have to note the value on the waybill however under the Liability/insurance section. Share this post Link to post Share on other sites
admin 0 Posted October 2, 2010 SS now apparently include R1500 cover automatically with their pre-paid bags - but you have to note the value on the waybill however under the Liability/insurance section. Hi Renaldo, Seriously :surprised: They will be bankrupt within a couple of months due to claims :wondering: Share this post Link to post Share on other sites
eZethu Coins 10 Posted October 2, 2010 Hi Renaldo, Seriously :surprised: They will be bankrupt within a couple of months due to claims :wondering: :-) I have not had to use it yet - touch wood - and I ship a fair amount every week. This has been since the last increase months ag0 (the auto cover that is) Share this post Link to post Share on other sites
SProducts 10 Posted October 2, 2010 SS now apparently include R1500 cover automatically with their pre-paid bags - but you have to note the value on the waybill however under the Liability/insurance section. I didnt know this, I will call them and check it out. Sipho Share this post Link to post Share on other sites
Wild Olive Art 11 Posted October 2, 2010 Speed services do not offer cover automatically for loss or damage - as per their terms " you would need to request Liability Protection when sending the item. The premium is 1% of the declared value of the item. If you are an account customer, there is a portion of the waybill that needs to be completed. Please note that we do not offer compensation for consequential loss." The bottom line is that if a buyer has been given the option of taking insurance on an item and refuses , then he has to accept the loss. It is not the sellers problem ! Share this post Link to post Share on other sites
