What happens if my goods arrive damaged?

What happens if my goods arrive damaged?

Goods are sent out in perfect condition but unfortunately, occasionally damage can occur to consignments in transit so they will arrive damaged; this is the procedure if this has just happened to you.

If your goods are being delivered by parcel;

1. You can refuse the delivery – if you believe the damage has made the goods unusable then you have the right to refuse the delivery.
           a. If you do this please let us know so we can contact the haulage company
           b. If you can please take photos of the damage before refusing it, so that we can pass these on to the haulage company. Please email them to us on tymawr@lime.org.uk as soon as possible.
           c. The goods should be returned to us for inspection.
           d. We will raise a Non Conformance and contact the haulier.
           e. We await their feedback/agreement as to whether it is covered by insurance

2. If you think the goods may still be useable, when signing for the goods, please sign for them as damaged
          a. And ensure the employee of the haulage company makes a note of this for you.
          b. Please take photographs of the goods once the packaging is opened and send them to us. Please email them to us on tymawr@lime.org.uk
          c. If you cannot take photographs please contact us and give us a detailed description of the damage sustained.
          d. The goods should be returned to us for inspection.
          e. We will raise a Non Conformance and contact the haulier.
          f. We await their feedback/agreement as to whether it is covered by insurance.

3. If you sign for the goods without mentioning the damage, in the terms and conditions of our haulage companies the goods are signed for in good condition so it can be more difficult to make a claim. Therefor we are unable to claim for the goods sent out. So it is vital if you suspect damage to the goods then you sign for it as damaged on day of delivery.

DX CLAIMS AND CLAIMS PROCEDURE
7.1 DX shall not be liable for any loss of or damage to any Consignment unless the Customer follows DX’s applicable claims procedure and this clause
77.2 Where the Customer intends to make a claim in respect of loss or damage in respect of a Consignment, the Customer must notify DX promptly and in any event: (i) within seven (7) calendar days from the termination of transit in the case of claims for damage; or (ii) within twenty-one (21) calendar days from the commencement of transit in the case of claims for part and full loss, and the Customer must provide the detailed claim, together with any supporting documentation, within a further fourteen (14) calendar days after such notification.
7.3 The Customer shall in the case of damage claims make the damaged Consignment available for inspection by DX or its agents within seven (7) days after DX’s written request.
7.4 If in connection with any claim for damage to a Consignment DX makes any payment or credit to the Customer, DX may dispose of the relevant Consignment as DX sees fit.

If your goods are being delivered by pallet track

1. You can refuse the delivery – if you believe the damage has made the goods unusable then you have the right to refuse the delivery.
           a. If you do this please let us know so we can inform the haulage company (necessary for insurance purposes)
           b. If you can please take photos before refusing the delivery, we require these for insurance purposes. Please email them to us on tymawr@lime.org.uk
           c. The goods should be returned to us for inspection.
           d. We will raise a Non Conformance and contact the haulier.
           e. We await their feedback/agreement as to whether it is covered by insurance

2. If you think the goods may still be useable, when signing for the goods, please sign for them as damaged
           a. And ensure the employee of the haulage company makes a note of this for you.
           b. Please take photographs of the goods once the packaging is opened and send them to us. Please email them to us on tymawr@lime.org.uk
           c. If you cannot take photographs please contact us and give us a detailed description of the damage sustained.
           d. We will raise a Non Conformance and contact the haulier.
           e. We await their feedback/agreement as to whether it is covered by insurance.

3. If no one was on site to sign for the goods as damaged
           a. Contact us as soon as you can inspect the goods
           b. Please take as many photos as possible and send them to us on tymawr@lime.org.uk.
           c. We will raise a Non Conformance and contact the haulier.
           d. We await their feedback/agreement as to whether it is covered by insurance

PLEASE NOTE WITH PALLET TRACK DELIVERIES – THE GOODS HAVE TO BE LEFT TO ONSIDE, UNTOUCHED AND AVAILABLE FOR COLLECTION IN ORDER TO MAKE AN INSURANCE CLAIM.

PALLET TRACK CLAIMS AND CLAIMS PROCEDURE 
Liability for Loss and Damage
(1) The Customer shall be deemed to have elected to accept the terms set out in
(2) of this Condition unless, before the transit commences, the Customer has agreed in writing that the Carrier shall not be liable for any loss or mis-delivery of or damage to or in connection with the Consignment howsoever or whensoever caused and whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier, its servants, agents or sub-contractors.
(2) Subject to these Conditions the Carrier shall be liable for:
(a) physical loss, mis-delivery of or damage to living creatures, bullion, money, securities, stamps, precious metals or precious stones comprising the Consignment only if:
(i) The Carrier has specifically agreed in writing to carry any such items; and
(ii) the Customer has agreed in writing to reimburse the Carrier in respect of all additional costs which result from the carriage of the said items; and
(iii) The loss, mis-delivery or damage is occasioned during transit and is proved to be due to the negligence of the Carrier, its servants, agents or sub-contractors;
(b) Physical loss, mis-delivery of or damage to any other goods comprising the Consignment unless the same has arisen from, and the Carrier has used reasonable care to minimise the effects of:
(I) Act of God;
(ii) Any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, terrorist act, military or usurped power or confiscation, requisition, or destruction or damage by or under the order of any government or public or local authority;
(iii) Seizure or forfeiture under legal process;
(iv) Error, act, omission, mis-statement or misrepresentation by the Customer or other owner of the Consignment or by servants or agents of either of them;
(v) Inherent liability to wastage in bulk or weight, faulty design, latent defect or inherent defect, vice or natural deterioration of the Consignment;
(vi) Insufficient or improper packing;
(vii) Insufficient or improper labelling or addressing;
(viii) Riot, civil commotion, strike, lockout, general or partial stoppage or restraint of labour howsoever caused;
(ix) Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered.
(3) The Carrier shall not in any circumstances be liable for loss or damage arising after transit is deemed to have ended within the meaning of Condition 6
(2) hereof, whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of the Carrier, its servants, agents or sub-contractors.