| Trading and Employment Law - Legislation and Regulations The Legal Compliance aspects of running a Business or Employing People and Statutory Regulation Guidance |
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19-12-09, 05:11 PM
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#1 (permalink)
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Weather problems!
A lot of orders I sent out with Fedex on Thursday for delivery yesterday were not delivered due to the weather.
At first I thought it was only 3 because those customers have let me know, however when I checked Fedex's website there are 15 orders (for frozen food) that weren't delivered. Ironically because they are in insulated boxes they will now be defrosted when they get to the customers.
I can't afford to be out of pocket over this so would it be unreasonable to add an 'act of God' clause to my delivery policy, that if an undelivered order is not down to an error by us or the courier then we cannot refund their money? I would be happy to refund delivery costs but cannot afford to absorb the cost of the food.
Any thoughts?
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19-12-09, 07:32 PM
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#2 (permalink)
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Hi,
Interesting problem but maybe one to be seen for the customers point of view.
You see if I was the customer, I'd be annoyed/frustrated that my delivery hadn't arrived but possibly understanding based on the weather.
However if I found out that I still had to pay then I suspect that even though it was in the terms of service you would probably never get another order from me.
That's the real issue here. I understand that you can't absorb the cost of the food but can you absorb the cost of the lost customer?
Just my thoughts
Mike
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19-12-09, 10:25 PM
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#3 (permalink)
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You know, this is a tough one. But, in my view, a clear one.
Like you, I depend on various carriers to take my goods to my customers. Like you, when they fail to do that, I resent having to bear the cost.
And because my goods are not perishable, it still does happen that late deliveries get rejected.
Unfortunately, I believe I just have to pay up. This is a risk of the business, but not one you can realistically ask the customer to pay.
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20-12-09, 10:39 AM
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#4 (permalink)
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Quote:
Originally Posted by coe114c
A lot of orders I sent out with Fedex on Thursday for delivery yesterday were not delivered due to the weather.
At first I thought it was only 3 because those customers have let me know, however when I checked Fedex's website there are 15 orders (for frozen food) that weren't delivered. Ironically because they are in insulated boxes they will now be defrosted when they get to the customers.
I can't afford to be out of pocket over this so would it be unreasonable to add an 'act of God' clause to my delivery policy, that if an undelivered order is not down to an error by us or the courier then we cannot refund their money? I would be happy to refund delivery costs but cannot afford to absorb the cost of the food.
Any thoughts?
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You can not even consider expecting the Customer to pay ...:confused1:
Its not there fault is it ..
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20-12-09, 10:57 AM
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#5 (permalink)
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Out of curiosity would the courier not be responsible for your losses, i know alot of couriers have insurance to cover damage to the parcels. Since your frozen foods have now defrosted - which in essense is damage, would they not be liable for your losses?
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20-12-09, 11:40 AM
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#6 (permalink)
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I think your only course is not to send orders during extreme weather conditions.
Or other acts of God.
One could argue that as you had access to weather reports ,it may be deemed a bit chancy sending anything of a perishable nature.
we have been warning people of delays because of the weather.
Its not reasonable to hold your carrier responsible.
You could try suing the ministry of transport or the highways agency.?:confused1:
Alvin
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20-12-09, 04:03 PM
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#7 (permalink)
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Im not 100% on food laws etc, but dont you have some kind of Insurance that would cover damage to your goods?
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01-01-10, 11:10 AM
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#8 (permalink)
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Quote:
Originally Posted by coe114c
A lot of orders I sent out with Fedex on Thursday for delivery yesterday were not delivered due to the weather.
At first I thought it was only 3 because those customers have let me know, however when I checked Fedex's website there are 15 orders (for frozen food) that weren't delivered. Ironically because they are in insulated boxes they will now be defrosted when they get to the customers.
I can't afford to be out of pocket over this so would it be unreasonable to add an 'act of God' clause to my delivery policy, that if an undelivered order is not down to an error by us or the courier then we cannot refund their money? I would be happy to refund delivery costs but cannot afford to absorb the cost of the food.
Any thoughts?
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Hi,
You may have two routes to go by, first contact fedex and ask if you can claim from them, anything is better than nothing, you may only get the carrage cost refunded as opposed to the retail value of the goods.
Secondly, try looking at your business insurance, you may be able to claim for loss of earnings etc I have a part in my insurance which covers me for loss of earnings however incurred, and basically thats what has happened to you, as a result of non delivery
Hope you get something sorted as its not fun when this type of thing happens
Happy new Year :thumbup1:
__________________
Gerry
New UK Credit Card Merchant Forums 
Looking for new members and Staff with Credit Card Merchant experiance
http://www.merchantuk.co.uk
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01-01-10, 04:05 PM
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#9 (permalink)
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Interesting situation, heres my view:
As a customer, i pay to have your goods handed to me in a fit state as i ordered, that the service i pay for from you. If i dont get my goods in a fit state from you i wouldn't be paying.
I have had a few situations recently where late delivery have been quite a problem as ive required urgent parts for food stores holding many thousands of pounds of stock, in some cases these parts have been late and UPS have told me its due to weather.
The rule i use is if my milkman can get the milk to my door step in his little electric cart then UPS should be able to get my parts to me. So far this argument has seen me receive all of my delivery charges and a little compo.
I have also noticed that DHL, HDN and Fedex are 100% reliable, the only one i have problems with are UPS....
Have you also concidered switching your carrier? I'm sure some will gurantee to deliver next day, and if they dont then you would be reasonable in asking them to cover the damage upto the usual insured value?
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03-01-10, 11:15 PM
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#10 (permalink)
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this very good point but can be solve by fedex as of this days delivery of frozen food come popular so fedex can open spacial section for frozen food delivery as happen in international food shipping for import or export
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