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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good morning We have sent goods via a national courier

Customer Question

Hello Good morning
We have sent goods via a national courier to our customers customer on their behalf, they arrived too late for our customer to install them. Our customer now insists we pick up the financial cost for his staff's wasted time. Are we obliged to compensate him?
Thank you in anticipation
Dave Atkinson
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Was that part of the contract?
Customer: replied 2 years ago.
Hi Alex,
Sorry for the long reply time - Our customers are told that their goods leave our premises on an "overnight delivery" there is no statement by ourselves that "we" guarantee delivery by their requested time/day.
Expert:  Ash replied 2 years ago.
So no guarantee you will deliver by a certain time. When did they arrive do you know?
Customer: replied 2 years ago.
5 hrs later than the courier guaranteed !
Expert:  Ash replied 2 years ago.
Was it ever agreed you would compensate if it was late?
Customer: replied 2 years ago.
No never - but we always try our best to help in any way we can
Expert:  Ash replied 2 years ago.
Sure. Well you dont have to pay, you can just refuse. It was never discussed or agreed and therefore not a term of the contract. If they do try and sue you as a small claim you can counter sue the courier company and therefore either way, you wont be to blame.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
No thanks Alex, thank-you for the swift responses it has helped a great deal - I think it best to include some future warnings for all our customers that want a timed delivery.
Many thanks once more, I will use your service again
Kind regards
Expert:  Ash replied 2 years ago.
Indeed I would.
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