Item damaged by customs. Fedex only going to pay half. Advice needed.

Cunning Alias

Rite. So I bought a set of replacement headlights from the US and they were shipped by Fedex. When they arrived they were checked by customs. The monkeys that work there took one of the lights out to inspect it and then put it back in the box without butting back on the protective covers that were on the delicate parts of the lights.

This was clear the second I opened the package as the light at the bottom of the box was still tightly wrapped and had its protective covers on, and the light at the top had been unwrapped and then just thrown back in. One of the main parts, for bolting the light into the car, had snapped off. This was supposed to have a protective cover, like the undamaged one, but it had either been removed when the light was unwrapped and not put back on properly or fell off during the process. The cover was loose in the package when I opened it.

So I got on to Fedex and they were very helpful and asked me to send on some photos. I did this and there were no problems. Then they got back to me and said that they would give me half of what I would normally get for the weight of the item as only one was damaged. I thought this was fine until I was told that the lights are only sold as a pair and I wouldn't be able to get an individual replacement.

When I got back on to fedex about this they said it probably wont be considered as only one was damaged. I even got the place I bought the lights from to email fedex and explain that they were only sold as pairs.

Anyone got any advice on how I could proceed?

jor el

It's always the sender that should investigate damage in delivery. As such, you should leave it up to the shop to make any claims with FedEX. What you'd need to do is return both lights to the shop, and have them replace them.

Since you're dealing with a US based shop, you have no consumer protection, so it will be completely up to you to get a resolution that you're happy with.

Abelloid

That's odd, what if it was a pair of boots? Would they only reimburse you for one?

Cunning Alias

jor el wrote: »

It's always the sender that should investigate damage in delivery. As such, you should leave it up to the shop to make any claims with FedEX. What you'd need to do is return both lights to the shop, and have them replace them.

Since you're dealing with a US based shop, you have no consumer protection, so it will be completely up to you to get a resolution that you're happy with.

I looked into that. I would loose just as much money by sending them back as it is in their terms that I would have to pay the return shipping.

It's probably clear from my first post, but the lights as a pair are now useless. I can't use just one. That's my argument to fedex.

CJhaughey

The lights are sold as a pair. Not as two individual lights.
Therefore Fedex should pay for the entire cost of the set not just one light.
If you had a pair of glasses and one lens was broken would they only pay half the cost?
Get a solicitor to write a letter to them.

Cunning Alias

Nice to see people came to the same conclusion as I did.

I have emailed a number of other companies to see if they sell the lights individually (which I doubt they do) so that I can send on the replies to fedex.

Would giving the consumer information a ring be any help? I have never had to ring them before.

Abelloid

Just on thing; are the headlight beam patterns OK for driving on the left?

Cunning Alias

Yep. Did a fair bit of research before I got them. I even contacted the manufacturer.

They are adjustable to RHD standards. I also talked to people who have had some from the same manufacturer and have had no problems with the MOT (UK website).

Abelloid

Ok, sorry - back on topic.

jor el

Cunning Alias wrote: »

Would giving the consumer information a ring be any help? I have never had to ring them before.

Maybe worth a shot. Just bare in mind that since you didn't contract FedEx, you have no rights with them. Since the retailer is based in the US, the NCA has no power, and Irish consumer protection doesn't apply. It's effectively up to the T&Cs as set down by the retailer.

Perhaps contact FedEx about them returning the damaged goods, without you having to pay, as they were damaged while in FedEx's possession. The retailer can then pursue their insurance with FedEx for the damage, and re-issue the product to you.

Cunning Alias

Rite. Got on to Consumer information and after a call or two I was pointed to the European Consumer Center. They have been very helpful and are going to get their legal team to look into it for me.

Should have more info tomorrow.

Del2005

I assume you paid by credit card? If you did it may be worth while giving them a shout as some have insurance on purchases if all other options fail.

Cunning Alias

Del2005 wrote: »

I assume you paid by credit card? If you did it may be worth while giving them a shout as some have insurance on purchases if all other options fail.

I paid using paypal unfortunately. They have a disputes option but I have heard it is a bit rubbish. I will try it as a last resort.

MunsterCycling

Why are you pursuing FedEx when it was the Customs monkeys that broke it, where was it inspected and ask for the said monkeys details to be passed on for your legal paperwork

Cunning Alias

MunsterCycling wrote: »

Why are you pursuing FedEx when it was the Customs monkeys that broke it, where was it inspected and ask for the said monkeys details to be passed on for your legal paperwork

After I was told that I would only receive half the amount from fedex I got in touch with customs. I rang the number they have on the website for issues and the lady I got through to hadn't got a clue, so passed me on to someone else, who hadn't got a clue. Eventually got through to a manager who told me that as it was collected from them by fedex, it became fedex's problem. She asked me to email on the details to her but aside from a basic reply, I have heard nothing.

I heard back from the ECC, who were brilliant and very informative, but there is nothing that they can do.

I received back a few emails from other suppliers of the lights and they all said that they are only sold in pairs and they only receive them from the manufacturer in pairs. I have passed these on to fedex and I am waiting to hear back.

cgarvey

Back to the seller to get on to them. If you're using FedEx, I presume insurance of some level was included?

A couple of years ago, I'd damaged goods delivered. The seller told the goods were available (at my address) for collection if they wanted more proof than the photos I supplied. FedEx never called for them, and shipping + cost of goods was returned to seller (took about 2 weeks), who then sent out a new set. Dunno if that's the norm, but it did save me the return shipping costs.