Mis-shipment

[MaxxDog]

I'm curious to obtaqin some feedback from members regarding a misshipment.

I ordered on-line a set of tool cabinets based upon the vendor's description. These cabinets are large and heavy. I shipped them across the country and then overseas. Upon delivery, I discovered one of the cabinets was mislabelled on the website and invoice and turned out to be narrower by 8" than I wanted/ordered. The problem I have is the narrower cabinet does not fit the items I planned to store in it. Return shipping is prohibitive. The vendor has offered me a nominal discount of 25% of my purchase price. Though I appreciate the gesture, I'm still stuck with a cabinet that doesn't suit my purposes and I would not have purchased had I known its correct size. Though I believe the vendor made an error from the outset, I don't believe it's fair I keep a cabinet I didn't want; however I am trying to determine a fair resolution. Any thoughts?

Thanks in advance

 

[CNGsaves]

It's their problem . . . . they eat the cost.

Demand that they ship you the proper cabinet. That's what you paid for!!

It's their call if they want the bad one back . . . . if they don't send you pre-paid RMA to ship that old one back, you may have gotten a freeby. If company is legit, that's likely what should happen - -- you get what you ordered, AND they bail on cost of shipping incorrect one back.

 

[moonlight_ken]

I had a situation like this before on a shipment I made.

Did the vendor know where they were being shipped or did you use a freight forwarder? If the vendor knew where they were going he should have exercised EXTREME caution in making absolutely sure he was shipping what you ordered.

My opinion is that they vendor needs to re-ship the correct item and eat the cost of the incorrect cabinet unless he wants to have you return the incorrect ones. Getting him to do this since you out of the country may be difficult but you also have the power to tell everyone on the internet how they handled the situation. Frankly it's called "the cost of doing business"....

 

[Playwme]

I think we need more info. Who organised the shipping? Which country did it come from and where did it go? How much was shipping and how much were the cabinets?

 

[darkk]

First thing you should/should have done is save a copy of the web page add so you have legal proof of the mis labled item for future legal reference if it comes to that. Next just tell them they shipped the wrong item and you want them to ship the correct item and send a call tag for the wrong item. Unfortunately they will probably only be on the hook for shipping to your original location where you should have checked the item before shipping onward. The item being returned will also have to be at the location they shipped it to originally. If you have any problem with that, call your CC company and dispute the bill because you did not recieve the item you ordered and let them sort out the problem of payment/refund.

 

[ford33]

The vendor should ship you the correct cabinet. That is what you paid for and expected. This was their error and you should not be held responsible. Put a dispute hold on the credit card charge. You might also ask for a discount on the new cabinet considering it was their mistake and it has delayed your project. Time is money.

As to what to do with the incorrect cabinet:
1. Return it to them with you paying freight from your location to invoice destination location.
2. Sell it locally and have the price discounted off the correct cabinet.
3. Let the vendor decide how to handle the return.

 

[blackdart66]

I can say that in our business we would ship the correct item to you at no cost. After you are happy we would then determine how we could best minimize our $ exposure for the mistake. If the cheapest route after shipping you the replacements was to let you keep the items, so be it.

I suspect they will do what I describe but are somewhat fishing for a cheaper solution for themselves. From their perspective, it doesn't hurt to ask. A firm but respectful reply of letting them know you just want what you paid for should do the trick.

 

[LutzTD]

The question I would have is in all this shipping who organized it? I would expect the vendor to send the correct cabinet at least as far as he arranged the shipping to you. You carrying it around the world makes you responsible to check you receved the right item before you shipped it the rest of the way. they may also have a fine print release for the shipping costs in their invoice or website terms page.

 

[nehog]

It's their problem . . . ....

You are missing one factor in making that determination. The recipient is responsible for promptly inspecting the shipment to ensure it meets specifications. The OP states (as I read it) he did not inspect the shipment and instead did several additional shipping steps including including an international shipment. Without inspecting the items to ensure they were correct and met the specifications.

The delay could be construed as acceptance.

Bottom line: whenever you receive a shipment it is vital to inspect it and make sure everything is right. You can't decide some time later that there is a problem.

I had a similar occurrence with a customer of mine. He bought a part with a one year warranty. He then waited almost two years before installing the part. The part subsequently failed a short time later and he insisted that he should get a free warranty replacement! That didn't happen, I offered a replacement at our cost with free shipping--he got pissed off and went away and bought a new one somewhere else. Oh, well...

Moral: don't wait to use or inspect your shipment. If someone else is transshipping for you they must inspect the incoming shipment.

 

[MaxxDog]

All - thank you for your comments.

The facts are the following. Cabinet cost roughly $1,100. Shipping in total cost about $800. I have ordered product before from this vendor. I believe his intentions are well-placed. I live in Hawaii and as such I have had a great deal of experience shipping all sorts of product here and for the vast majority of vendors have found the most cost-efficient means to do so. In the past, I used his shipper to my freight forwarder. In this instance, I purchase several cabinets, based on his original offered cabinet, to complete a set in my garage. I arranged shipping FOB his warehouse, consolidated all items to my freight forwarder and then shipped to my pick-up in Hawaii.

With respect to the various questions:
- I don't believe it's the shipper's responsibility to verify what he picks up. The warehouse needs to ensure the correct product is placed in the hands of the shipper barring something brain dead like 10 items for pick-up and the shipper drives with 6 or 12. In the same regard, these items were packed carefully for the long haul and overseas freight, so I don't expect the freight forwarder to open the package to confirm its contents. I've used this freight forwarder for eight years and they have been excellent without mishap.
- I notified the vendor the day I received and unpacked the items. I assumed the wrong cabinet was picked from the warehouse for delivery. Vendor confirmed the mistake had indeed occurred on his end and the item was not measured correctly and therefore mislabelled. He does not have the original ordered item in stock and is not sure when he may get it.
- The issue is what to do. Return shipment would be prohibitive. Awaiting the shipment of the original cabinet is uncertain. In the meantime, I am out of pocket nearly $2,000 for a cabinet that doesn't fit my needs. Vendor had asked if I could use it and offered a discount which is 25%. As I tried to explain, using and wanting are two different things.
- Legally I am entitled to full refund for having the wrong product. The error originated on his end, not with me or the shippers. I'm trying to remain open to some kind of reasonable compromise. So far nothing of not.

That's where I welcome and appreciate your feedback and advice.

Recommended solutions?

 

[jake00]

I'd think you foot the bill to ship it back to where it as originally shipped to, then have the vendor send a call tag to get it.

 

[CNGsaves]

Your legal "cure" is for them to Return Your Money . . . plain and simple. Don't bend from this . . . they owe you cabinet cost AND shipping cost as they were the party that breached.

If you paid by Credit Card, IMMEDIATELY file a complaint that they screwed up. I sure hope you haven't waited too long to get assistance with credit card purchase rights . . . .generally 60 days.

If they want that incorrect cabinet back, then they will figure out a way to ship it back cheap . . . . or just give it to you.

Let us know how this turns out. Now's the time to be a hardass!

 

[CNGsaves]

I'd think you foot the bill to ship it back to where it as originally shipped to, then have the vendor send a call tag to get it.

You kidding???

How about I agree to paint your house gray. Instead I paint it a NASTY puke green. You ready to PAY another painter to fix my screwup??

No the party that caused default is responsible for cure.

None of OP problems would have existed, IF the vendor did their job!!

 

[fourjeepin]

If the seller won't budge, I would refuse payment/dispute credit card payment. Then try to sell said cabinet. If you get half your purchase price, then you are out about $300. Not great, but the cost of living in a remote & beautiful part of the world.

 

[LutzTD]

I cant imagine a business offering to pay shipping beyond the point he shipped it to. I dont see how it is his fault. He contracted to ship a certain product to a certain point. Its not the right product and he should agree get it returned at his cost from the place he shipped it. when that person signed to receive it it became his problem. If he signed the receiver as your agent its your problem. Lesson learned, your cheapest (didnt say cheap> your cheapest solution for shipping to HA has a flaw. Next time it is incumbant upon you to determine if you got what you paid for before you add value to it. Only thing I see as your option is to stick it to the guy for a mutual mistake, or pay to have it shipped back to the shipper and get your refund from there.

 

[SlowPoke-Canada]

FOB his warehouse suggests to me that his responsibility ends at the dock unless packaging was mislabelled.
Your shipper holds responsibility for picking up the correct item.

If you provided a detailed pickup order to your shipper of 10 xxxx cabinets and he delivers 9 cabinets and an ice cream cone, is it the manufacturers fault?

 

[Rory Bellows]

Dispute the charge on your credit card. I bet they will be more than willing to work out a deal to your satisfaction.

 

[MaxxDog]

Wow - I'm really surprised at the replies suggesting it's anyone's fault other than the vendor's.

FOB factory or FOB my doorstep addresses who pays the shipping cost, not whether the vendor misrepresented what he sold. Good faith, standard of care and fraudulent conveyance factor into whether the goods delivered are what they are supposed to be. I can't imagine any shipper picking up a 750lb crate and assuming the responsibility that what's in the box is what it's supposed to be. Nor do I think it's practical to unpack a factory-packaged crate on the loading dock to double check the factory is shipping what they are in the business of shipping. The manufacturer/vendor either knows what they are shipping or they don't.

If that were the case, we'd see endless scams of manufacturers putting inferior substitutes in their crates and blaming shippers for it or conversely end receivers claiming fraud by swapping out factory goods. Fortunately in this case, there's proof on both ends of what was shipped/received.

Btw - the BOL matched what was ordered. So the shipper did their job. The wrong product was packaged from the get-go.

My options seem pretty clear and confirm my initial reaction.
I'm entitled to a refund and the vendor can take his cabinet back.

Again, I appreciate the feedback. I've never experienced this type of situation and response. I know the vendor reads this forum. So feedback from his peers should be helpful.

Thank you

 

[Old Moparz]

Seems like you need to decide whether you want to eat the cost of the cabinet & the shipping to not upset the vendor, or risk finding out if the vendor will cut you off as a preferred customer. For that size purchase (price) I'd have to insist the vendor correct the mistake & cover it in full. If they don't want the wrong cabinet back, maybe the salesperson can get creative & see if there is another customer of his near you that would be interested in it at a discount.

As for the shipping / freight company being responsible to verify whether they have the correct item inside the packaging, that's totally unreasonable. Try telling the UPS driver he brought you a plasma screen that should have been LCD & to return it & see what happens. I helped run my family's packing & shipping company for artwork & antiques while in college. Unless we were personally contracted to wrap, package or crate something, there is no way to verify what is inside already to be correct. Same goes for damages. We wouldn't ship something & be responsible for it unless we packed & crated it.

 

[nehog]

... 1 I arranged shipping FOB his warehouse, consolidated all items to my freight forwarder and then shipped to my pick-up in Hawaii.

With respect to the various questions:
2 - I don't believe it's the shipper's responsibility to verify what he picks up...

Recommended solutions?

1 You may want to understand what FOB means. http://en.wikipedia.org/wiki/FOB_(shipping) has a good writeup, pay attention to the part: '"FOB shipping point" or "FOB origin" indicates the buyer pays shipping cost and takes responsibility for the goods when the goods leave the seller's premises.' That "takes responsibility" is a bit tricky, and as well, your contract with the seller is critical. You've not posted the contract or terms and conditions that you agreed to.


2 A common carrier carries a package from point A to point B, exercising due diligence and care. Anything else must be negotiated.


Despite what people are saying, because the shipment was FOB there is no chance other than kindness that they will pay return shipping. The reason is simple: the moment it passed from their hands to your shipper, it is yours. Title passes, and you are the owner of the shipment.

They offered a settlement. I see you have two choices: either accept their offer and live with it, or read your contract (sales terms and conditions) and see if you have a legal leg to stand on. If you do have a leg, then followup. Were this me, I'd take that 25% and use that money to find something else to fill that eight inches! (Well, you could try to negotiate for more by asking for 50%!)

Personally I think you got into a situation that you didn't understand WRT the rules of business and shipping, and the idea of FOB.

And finally, any advice you get on GJ is great talk, and won't hold up in court, arbitration, or anything else. The only time I talk authoritatively about law is between 3:05 to 4:20 on Tuesdays and Thursdays in my classroom. After those hours I know nothing!!!

 

[MaxxDog]

I'm actually pretty familiar with shipping contracts as I have shipped many items including containers to Hawaii. FOB addresses which parties pay the shipping costs and which are liable for damage or loss incurred resulting from shipping. It does not release (nor have I ever seen a contract or shipper willing to assume the liability) the manufacturer/vendor of shipping a defective or wrong item. If the BOL (Bill of Lading) stated something different, then the shipper should have checked what was being picked up. That's not the case here.

 

[CNGsaves]

1 You may want to understand what FOB means. http://en.wikipedia.org/wiki/FOB_(shipping) has a good writeup, pay attention to the part: '"FOB shipping point" or "FOB origin" indicates the buyer pays shipping cost and takes responsibility for the goods when the goods leave the seller's premises.' That "takes responsibility" is a bit tricky, and as well, your contract with the seller is critical. You've not posted the contract or terms and conditions that you agreed to.


2 A common carrier carries a package from point A to point B, exercising due diligence and care. Anything else must be negotiated.

Despite what people are saying, because the shipment was FOB there is no chance other than kindness that they will pay return shipping. The reason is simple: the moment it passed from their hands to your shipper, it is yours. Title passes, and you are the owner of the shipment.
{However, you fail to list that Seller BREACHED the contract by shipping incorrect goods that was entirely the Seller's responsibility. Seller has the responsibility to "cure" their error.}

They offered a settlement. I see you have two choices: either accept their offer and live with it, or read your contract (sales terms and conditions) and see if you have a legal leg to stand on. If you do have a leg, then followup. Were this me, I'd take that 25% and use that money to find something else to fill that eight inches! (Well, you could try to negotiate for more by asking for 50%!) {Buyer should refuse the "offered settlement" and counter in writing with demand for cure of proper cabinet shipped at least cost method to final destination.}

Personally I think you got into a situation that you didn't understand WRT the rules of business and shipping, and the idea of FOB.

And finally, any advice you get on GJ is great talk, and won't hold up in court, arbitration, or anything else. The only time I talk authoritatively about law is between 3:05 to 4:20 on Tuesdays and Thursdays in my classroom. After those hours I know nothing!!!

See my comments above in red. No different if guy bought a Mercedes and had it shipped in crate from Germany to USA . . . BUT instead they sent a Yugo instead. No way in Hexx would the Buyer be responsible for any additional costs as entire problem was related to Seller breach. Seller would have to cure the problem entirely and just eat the cost.

I'd recommend that Buyer continue hardass tactic as Seller needs to fix this.