Coffee Machine Damaged Beyond Repair by Courier

SadCoffeeMachine

Hi all, I would very much appreciate some advice.

My 1200 euro coffee machine developed a fault, the machine is under warranty so I contacted the manufactuer and was told to contact their authorized repair agent in Ireland, who told me to deliver it to the retailer I purchased it from, and that they prefer the store packages it to ensure it's safely packaged.

I wrapped the machine in several layers of bubble wrap, wrapped the wire neatly and firmly taped it to the front of the machine, and taped up the box, which I delivered into the retailer.

2 weeks later I was told the machine was damaged beyond repair, that it was caused by insufficient packaging and that the wire had gotten underneath the machine and destroyed it. They sent a few pictures of damage but it's apparent they didn't fully unwrap and inspect the machine.

When I got the package back myself I inspected it and it's apparent it wasn't the wire as claimed, the machine was bent inward from the front and had shattered the inside of the machine in several places, likely by being mishandled in either transport or by the repair agent.

I assume they'll claim it was my responsibility for not packing it sufficiently.
As far as I'm aware my responsibility ended when I delivered it safely to the store, and they should have opened the package, inspected it and ensured it was safe for transport, although I don't believe the retailer is at fault, I believe it was hishandled in transit by how badly it was damaged.

I've been advised by the manufacturer to contact the retailer to make a claim.

Could someone please advise on the best course of action?
I've never made a claim before, is it possible to resolve this directly with the retailer?
I don't actually want to go through the process of claiming, if possible I just want the same machine back.
I signed a document with my package when I dropped it off, can they claim that because I gave them a boxed package and I signed, I'm at fault?
I would assume the onous is on the store to ensure anything dropped off for repair, even if it is already in a box, is transported safely.
Is there anything I should or shouldn't say when contacting the retailer, or if necessary going through small claims court?

Thank you very much!

callaway92

If the product was not perfect when you received, it's the retailerhas to sort you out, yes. They'll deal with the courier on their side for claiming from them; but in terms of your rights/refund etc, it's the retailer that you bought off.

SadCoffeeMachine

The product was seemingly perfect until it developed a fault, but was 'Damaged Beyond Repair' being delivered from the store to the repairer.
When I collected it back from the store after the repairer had returned it, they said they didn't package it, I did, so there's nothing they could do.

Peregrinus

The product was fine when the OP received it; it became faulty some time later, while still under warranty. It's a question for the terms of the warranty whether it was the OP's responsibility to bring the product back to the manufacturer for servicing, but the manufacturer told them to bring it to the retailer, which the OP did. I would agree with the OP that once he got it to the retailer he was not in control of, and not responsible for, any further damage done to the product.

I don't think it's up to the OP to rule as to where responsibility lies as between the retailer, the courier and the manufacturet; they can sort that out among themselves. The OP has invoked his rights under the warranty; the warranty is a contract between the OP and the manufacturer. If the manufacturer wants to appoint the retailer as its agent to handle the matter, fine, but the OP should make it clear to the manufactuer that, having delivered the product to the location specified by the manufacture he expects the warranty to be honoured and, if it can't be honoured because the manufacturer or its agent has damaged the product, he expects a replacement product or a full refund.

SadCoffeeMachine

Thanks Peregrinus,

When I contacted the manufacturer afterwards they told me to contact the store and make a claim as they are the party responsible for the damage.

The guys in the store probably assumed it was sufficiently packaged since it was neatly boxed up and I told them I had wrapped it in several layers of bubble wrap. From the damage done it looks like DPD smashed it off something, I don't think any additional packaging would have saved it.

SadCoffeeMachine

I would have assumed I should make the claim against the manufacturer, not the store, since it's their chosen process for handling their repairs.

endacl

At that price, the simplest course of action would be the small claims procedure. Even the threat of it might make the retailer sit up and sort you out.

SadCoffeeMachine

https://www.boards.ie/discussion/comment/122150167#Comment_122150167

Thanks endacl, I decided to respond to the manufacturer and asked is it not their responsibility to resolve this as my warranty is with them, and determing who responsible for the damage between them, their retailer, courier and repairer is for them to determine and resolve.

I'm hoping to avoid getting the blame passed around between all 4 involved preventing me from making a claim.
The retailer can tell me to contact the manufacturer because my warranty is with them, or claim against the courier because it left their store safely and was damaged in transit.

If I keep getting passed around your right a small claims procedure against the retailer would probably be the simplest.

whomitconcerns

Your contract is with the retailer. Once they took possession they are responsible. They determined your packaging was sufficient. They should fix it and I would not have taken it back from them in that condition.

SadCoffeeMachine

I'm going to call it a day checking repsonses, thank you everyone.
It's my first time dealing with a claim like this so I appreciate the feedback.
Have a great weekend.

JVince

https://www.boards.ie/discussion/comment/122149845#Comment_122149845

OP drop it off and says it was wrapped properly.

However bubble wrap is not as protective as people think especially for something like a coffee machine which originally probably had styrofoam and a double wall strong box and no room for the machine to move .

As it was not inspected and as the OP left it into the store pre-wrapped, it is difficult to ascertain blame and my guess is the form signed absolved responsibility of the store for any transport damage as the store did not pack it.

SadCoffeeMachine

https://www.boards.ie/discussion/comment/122150531#Comment_122150531

I was informed by both the repairer, and the store when I dropped it off, that they typically pack the items for shipping.
I informed they how I had packaged it when I dropped it off, it was up to them to determine if that is sufficient.
I had assumed they would inspect it and if it was insufficient, pack it themselves, which was a reasonable assumption.

I don't know what I signed, I assumed it was a standard form for handing in something for repair, but I didn't inspect it to see if there was a section stating I had packed it myself and absolved them of responsibility in transit.

I should note that when it was returned to me, the only difference in packaging was that they added some air bags.
Given how damaged the machine was, I don't think that would have protected it from whatever happened to it in transit either.

JVince

https://www.boards.ie/discussion/comment/122150601#Comment_122150601

so they said they normally pack it, but you said you packed it well enough?

It was not up to them to decide if your packaging was good enough as you presented it to them as wrapped for transport. Did you expect them to dismantle all your packaging.

I'm being devils advocate - this is what you will be up against.

SadCoffeeMachine

Thanks J,

I didn't say well enough, all I said was I had wrapped it a few layers of bubble wrap before I was told they package it themselves, and the box was taped.

I didn't see a reason to unpackage it before handing it to them in the store, and it was never verbally stated they would not package it. Having been told twice they package it, its a reasonable assumption.