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Jenny
Jenny, Solicitor
Category: Law
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I contracted a Carrier to transport my goods to a customer

Resolved Question:

I contracted a Carrier to transport my goods to a customer and the goods arrived completely wrecked on pallet. They tell me I have no claim since I did not take out additional insurance to cover the value of £950.00 and they have offered £32.00. Do I have a claim to pursue this matter
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. On what basis have they offered £32?
Customer: replied 2 years ago.
They calculate the value on the weight of the article 25kg
Expert:  Jenny replied 2 years ago.
What was the price of the insurance and were you told about it and the limit on liability resulting from the failure to take out the insurance before you instructed the company to deliver the goods?
Customer: replied 2 years ago.
Yes however in this case I have paid £53.00 including basic insurance for a delivery of a machine which I have now had to scrap my thinking is that whatever the terms it cannot be acceptable to cause so much damage
Expert:  Jenny replied 2 years ago.
You need to look at the terms of the contract you signed.
If there is a clause limiting liability for damage in the contract unless you paid an additional insurance, and you were aware of this fact and declined the insurance this will cause you some difficulty I'm afraid.
It is standard industry practice for liability to be limited in this way and the courts have considered whether this amounts to a Unfair Contract clause under UCTA and have determined that where liability is limited and the customer has been given the option to purchase increased insurance it is unlikely to be deemed to be an unfair contract clause.
I realise that this is not the answer you were hoping for and I agree that it is unfair that you have been left in this position.
You can attempt to negotiate by saying that you have rights under the Supply of Goods and Services Act to see if they will increase their offer. If they refuse and say their terms allow it it may not be worth the risk of claiming as you could end up with their legal bill as well.
If you have any further questions please do ask. IF I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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