Was your PO FOB origin or destination? If it doesn't specify I would take a look at your agreement with the vendor(if you have one on file). Can also depend on whose account the product shipped on.
Have an issue at work. Ordered a special order item that was manufactured and shipped by my vendor to me, upon arrival, items were damaged and delivery was refused and the shipper took the goods with them. Just received a bill for the damaged goods and the replacement goods. Called vendor, they say I need to make the claim, I figured it is their responsibility. This is with Fedex Ground. Who should be responsible for making the claim for reimbursement from the shipper?
Was your PO FOB origin or destination? If it doesn't specify I would take a look at your agreement with the vendor(if you have one on file). Can also depend on whose account the product shipped on.
Generally speaking the responsibility will lie on whomever paid for shipping.
Purchase was FOB and the vendor paid for the shipping and passed the cost on to me in their invoice which included the original pieces and the replacement pieces, this is one of my biggest vendors, I'm one of their biggest accounts too, they are telling me its my problem. Fedex Ground has now confirmed that me as the receiver of the goods has to file the claim. Just seems real backwards. So be warned, if you order something, its damaged, you did not pack it, or select the shipper, and a replacement is shipped to you too, you pay for both items and freight and you have to make the claim for reimbursement and wait for your money which will at least take 30 days minimum, I bet it takes at least double that. I'm not paying the vendor until I get paid that's for sure. Now I have to do all the paperwork for it. This sucks.
I'm sure I will have a salesman visit me in the near future wondering where all our business went. I look forward to that day.
He is offering no help whatsoever with this issue.
Generally speaking the responsibility will lie on whomever paid for shipping.
That's what we thought. Now we are being told otherwise.
That's what we thought. Now we are being told otherwise.
When mentioned it was FOB on another post but FOB where? If you are being charged for shipping on their invoice then that implies it is FOB shipping point not FOB destination. Essentially their liability ends when it touches the carrier's hands since they are billing you for it, regardless of who's account the actual shipping charge goes on. They may not have asked you which carrier you preferred to use but since you are paying for it I'm sure they give you the choice. Also if it was insured I'm sure that cost would be billed to you as well. It's very basic contract law and is why very few things are sent with shipping built into the price of the goods. Why do you think all those late night infomercials can offer free trial periods and money back guarantees on everything and still stay in business?
Take your business elsewhere, unless you can't. I'd refuse to pay the invoice.
Good advice.
That's the stupid end result. My business goes elsewhere.
I just pisses me off that I had no hand in getting the goods to the point where they were identified as damaged except for placing the order in the first place, and it's my responsibility to clean up the mess. This whole thing cost me a week and a half of crew production too.
I would get a lawyer to confirm this, but if you refused delivery, it seems that your claim is that you never had possession of the goods. So you cannot be charged for goods or services that you do not receive. I am sure there is loop holes on both sides of this. It depends a lot on who can do without who the most.