VIC Courier Booking Service Issues - Seeking Compensation?

[Woger Dat]

Hello,

We appreciate your time and opinions on this matter.

We booked a courier pickup through a courier service provider to deliver our goods from a 3rd party warehouse in Sydney to our premises in Melbourne. We booked our own goods to be delivered to us.

• We selected ATL (Authority To Leave)
• We did not choose additional insurance cover for the goods
• The goods (double-lined 20kg bag of food powder) were not packed as per the terms of the courier service provider
• The goods were collected by the courier company and delivered to our premises
• The goods were deliberately opened - industrial stitching removed from outer bag, inner bag had cable-tie cut and remained in bag. Rendering teh goods not fit for sale.
• We have been in contact with the warehouse in Sydney and they did not open the bag before being picked up.
• The courier service provider argue that because ATL was chosen that there is no warranty or claim possible for this occurrence. "no claim is eligible on the service you have booked".
• The courier company argue that the goods were not packed as per their terms
• The courier company will not accept a claim, stating that it needs to go through the service provider that the pickup was booked with.
• We are trying to seek compensation for the raw costs of the goods ($400), retail worth over $850+
• Our argument is that is was deliberately opened and thus rendered the goods unusable for sale.
• The legal costs to follow this up would be more than the costs of the goods are worth
• The service provider is offering $100 goodwill.

The above situation allows the service provider of the courier service to neglect any responsibility for any goods that are intentionally and deliberately damaged by any courier company that wish to do so under the ATL service.

We have contacted the ACCC, Victorian Small Business Council, Consumer Action Law Centre and VCAT with no luck, other than to file a case with VCAT.

Please help.

Or are we wrong by asking the service provider to compensate us for the courier's intentional mishandling of our goods.

Thank you.

 

[Rob Legat - SBPL]

How do you know it was the courier that opened the packages? You have to say so of the third party at the warehouse, but you also have the denial of the courier.

Also, you mention you didn't choose additional insurance cover, and the goods were not packed as required. What insurance cover did you get? How were the goods packed differently? And, what explanation does the courier have for collecting the goods for delivery if they were not packed correctly?

 

[Woger Dat]

The bags were sealed when picked up as confirmed with the warehouse from where it was picked up from, and open when delivered - we have taken photos when the courier delivered the bag, wit the courier driver in the photos at the time of delivery. We were present at the time of delivery of the goods.

I wonder if the courier company would have picked up the goods if the bag was already open? Doubt it, highly.

If the bag is in the possession of the courier company, then who else would open it? They are responsibly for it no? It is in their possession.

We got no insurance cover. The ATL service does not provide insurance cover for goods. If it was an "accident" then fine, we would wear it. But this has to be a deliberate act - industrial stitching removed and cable-tie cut. This basically allows the courier to do whatever they desire to the goods and take no responsibility for it.

The goods were not packed according to their terms, just in the original double-lined woven industrial bag, with a label on it. We did not know this was the case until we received the goods.

The service provider has not provided an explanation for the courier company collecting the goods not packed correctly.

Thanks.

 

[Rob Legat - SBPL]

Assuming the "ATL" is simply about leaving the package at its destination, it would be unreasonable for the courier to simply dust their hands of all liability in the collection and transport of the goods. I'd be concentrating on asking them why they collected damaged items which were not packed in accordance with their requirements.

If they maintain the goods were in the damaged condition when they were collected, push for why they collected them in that state.

You might also try contacting Fair Trading Victoria to see if they're willing to help (they might try to refer you off somewhere else, but they weren't on your list of contacts).

 

[Woger Dat]

Thanks for that.

The goods were not damaged when being collected, they were merely not packed as per their terms.

ATL terms are: https://au.interparcel.com/terms.php

I think it is more than simply about leaving the package at its destination. I believe as per their terms ATL means they do not hold responsibility for anything and nothing can be claimed, but not sure. I need some help with this.

(Yes, forgot to mention I had already contact Consumer Affairs Victoria)

 

[Rod]

I'm confused with your terms.

You mention courier service provider, courier company, service provider. Your action is going to be against the party you contracted with, whichever one that is.

 

[Rob Legat - SBPL]

I'm not a litigation lawyer, but you may have some trouble with this clause in their terms:

"Total liability to you in all respects, and for any type of loss, cost or damage howsoever arising will be limited to $100 per consignment unless you have purchased additional transit cover through us, where the limit of liability will be the cover purchased at the time of ordering. Interparcel Pty Ltd is not a common carrier and accepts no liability as such."

 

[Woger Dat]

Thank you. Basically they take no responsibility for anything, anyhow, anytime.

So it seems that a courier company or courier service provider CAN in fact hide behind the right to litigate.

It seems they can play soccer with your goods, and not be responsible for it.

 

[Rod]

Unlikely if the damage is deliberate. They do not have the right to deliberately destroy or damage your goods. Proving it may be the hard part.

 

[Woger Dat]

If the courier company have possession of the goods, are they not then proved to have opened them, if the goods are delivered open? They were picked up sealed/closed.

And even if I do have proof, of which I can get an affidavit from the warehouse and I have images of the delivery with the courier driver, to litigate would cost more than the cost of the goods - $400.

What part of law does your previous comment come under?