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Laptop returned to Acer **Won and Fully Refunded**
Hello. I hope someone can help me with this one.
In October 2007 I bought a laptop from the Simplyacer website for my daughter who is now at university. About one month ago it developed a fault and I contacted Simplyacer support who confirmed that the unit came with the standard 12 month back to base warranty and that I should contact Acer to sort out any repair. I did just that and was told to contact DHL and get it back to the repair centre in Plymouth.
I have recently received an invoice from Acer which gives me the option of paying almost £180 in repairs or £40 for them to return the laptop to me unrepaired. I immediatly sent off a query email as to why I should be billed for work carried out under warranty and have got this reply:
"The repair is classed as chargable because the unit came to us with insufficient packaging and was damaged due to this. Now I was not told exactly how the machine should have been packaged and as my daughter was the one who gave it to DHL I have no idea how it was packaged but my reaction was that if the laptop received some damage in transit then surely this was the responsibility of the courier?
Any advice on this matter would be much appreciated.
Firstly is the £180 for the repairs just due to the damage; the original fault being covered by the warranty?
Are simplyacer and acer the same company?
you should only deal with the seller! its them that should be repairing it or getting it repaired - SOGA.
As for the packaging, they are delcate and should at least be packaged the same as it was originally delivered, then there would be no argument.
So you need to know how it was packaged, and if you think it was sufficient then you could claim on DHL, however they will limit their liability unless they were told of the content and insured at the right level.
My sons Acer went back to Acer via DHL which is crazy as he is in Plymouth and said he would take it there himself, but they said no DHL has to pick it up. It is then taken to Bristol and despatched back to Plymouth.
DHL did not want any packaging, they had their own heavy plastic container which it was put in and sealed on his doorstep and a receipt given.
Find out if the same happened when it was collected from your daughter.
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Firstly thanks to you both for taking the trouble to help me out.
raydetinu I believe simplyacer to be run by Xenex Technologies Limited. I contacted them 1st but they told me to ring Acer. When I told Acer that the unit was bought from simplyacer they just asked for the serial number and everything went from there. They told me to contact DHL & gave me a "case number" and "ID number" to give to DHL. I assumed this info would tell DHL what the package was.
The invoice just says the repairs are "warranty chargeable". It says new LCD to be fitted but the original fault was that the screen was flickering anyway.
I haven't actually gone into any detailed discussion with Acer just yet. I've only just received their email.
Conniff I've asked my daughter & she says the guy from DHL just took the laptop straight to his van after she signed. She didn't see if it was then repackaged. She tells me it was pretty much "bubble-wrapped to death".
Ok I've had a chance to speak properly with my daughter on this matter and it appears that it wasn't even boxed up. It was just heavily encased in bubble wrap. I now don't believe I can argue with Acer on this one so I'll just have to pay up and put it down to experience. Yet another lesson learned.
Ok I've had a chance to speak properly with my daughter on this matter and it appears that it wasn't even boxed up. It was just heavily encased in bubble wrap. I now don't believe I can argue with Acer on this one so I'll just have to pay up and put it down to experience. Yet another lesson learned.
Thanks again for the help.
Hi The janitor.
im new to this & realise its been a month already
I work for UPS (united Parcel Service) DHL's Rivals basically, i deal with the package room, dealing with these kind of insidents.
In NO WAY should your laptop have been damaged by DHL, IF & only IF you BELIEVE that the laptop is/was insuffichently packaged by DHL then get on to them right away & request a dmamge inspection & tell them under the haulidge & transportation act 2002 they acted unlawfuly by NOT providing you with suffichent packaging to secure the load for transit (your laptop).
it doesnt matter if it is a herd of cattle or a broken laptop, it is THEIR responciabilty to make sure the goods (laptop) is safe for transport.
i might work for UPS but i am on the side of the customer as the goods were in their posession theirfor liable under their insurance for the cost of repair.
if that doesnt work then contact ACER to demand WHY they did not send out sutiable packaging material to safely transport the already damaged goods to their posession!!!!
good luck, ill be here to help every step of the way!
Hi juvehearts.
Thanks for your interest in this & also your comments.
I searched various forums regarding DHL's policy & it seems quite a few people have had items damaged in transit but very few had much success regarding making a claim against DHL as their terms & conditions state (apparently) that it's up to the customer to make sure the item is sufficiently packed to survive it's journey. The general feeling was that if you couldn't prove that your item was DHL proof then it's hard luck.
It's my own opinion that DHL knew full well that the item they were picking up was a laptop & they should have provided their own protective packaging but what was I supposed to do? My daughter really needed it back for when she went back to university & so I paid the charge.
I didn't think I would have had any success in tackling DHL over this so I gave in. I'm sure if I have had your knowledge in such matters available to me at the time I would have taken them on but now the laptop is back with my daughter & it's probably too late to do anything about it now but if you know any different then I'm all ears.
Thanks again.
Hi juvehearts.
Thanks for your interest in this & also your comments.
I searched various forums regarding DHL's policy & it seems quite a few people have had items damaged in transit but very few had much success regarding making a claim against DHL as their terms & conditions state (apparently) that it's up to the customer to make sure the item is sufficiently packed to survive it's journey. The general feeling was that if you couldn't prove that your item was DHL proof then it's hard luck.
It's my own opinion that DHL knew full well that the item they were picking up was a laptop & they should have provided their own protective packaging but what was I supposed to do? My daughter really needed it back for when she went back to university & so I paid the charge.
I didn't think I would have had any success in tackling DHL over this so I gave in. I'm sure if I have had your knowledge in such matters available to me at the time I would have taken them on but now the laptop is back with my daughter & it's probably too late to do anything about it now but if you know any different then I'm all ears.
Thanks again.
Its never too late bud,
you have up to 1 year to lodge a complaint against any haulier or courier company. under the sale of goods act & the time & transit act.
Acer provide DHL with laptop packaging as your laptop was under warrenty from acer, regardless of how it got damaged once DHL took the goods into their ownership it is deemed liable under their own insurance policy to arrive in its destination.
Basically it is up to DHL or acer to provide you with 'suffichent packaging' as you dont have a clue how to suffichently package a laptop 'fit for transit'
i'd get right onto Acer & enquire if a service tag was issued with packaging to transit the already damaged item back to acer for repair. if the answer (and it will be) no then they are held liable for the cost of repair as they did not issue you with suffichent packaging to transit the laptop back to them for repair.
also DHL are liable as they did not check to see IF the package was 'fit for transit'
why you ask should they check,
well in any courier company they MUST by law see you close the item ready for transport & sign away for the package. Its a signature to confirm that you are releasing the item into DHL's hands & agreeing to the T&C of DHL's transport & carridge conditions which they MUST provide you (normally on the back of the yellow ticket) but forget to tell you by law they must (bet you they didnt).
anyway, 9/10 packages arrive safely to their destination & when problem occours its brushed under the carpet as their is a lot of jargon & paprwork envloved for an investigation to conclude IF they were held liable.
if you persist with the complaint 100% of the time they pay out as it is too expensive for them to (1) oto go to court & (2) for their name to be dragged out as bad hauliers!
like i said, ill be here all the way & if you need ANY clear cut advice or direction then dont hesitate to PM me.
at the end of the day, YOU are forking out for something that was out of your control to a multi million pound company that thinks theyre too big to be brought down.
think of bank charges, the small can defeat the big men!
DHL should have refused to accept that package end of.
why?
it wasnt boxed, it wasnt packaged at all & like i said, once it was signed for it is theirfor liable under dhl's insurance to arrive without a burst bubble on the wrapping, if it wasnt then its dhl's fault.
Like i said ACER or DHL should have provided you with the laptop box that coniff posted about.
get onto DHL right away & ask them to investigate this, get all the evidance from ACER & ask them to provide any information they had about the contents & the way it was wrapped, as insuffichent packaging is not a good enough excuse not to repair a laptop.
you will get all your money back from DHL believe me if i have to fight your corner for a pint then i will.
Ok pal, you certainly know your stuff.
On your advice I'm prepared to take this matter up with whoever should be liable.
Just to clarify my plan of action
Do I need to take this up with both Acer & DHL?
I understand the bit about DHL not refusing to take the package as it wasn't properly packed. Is that what I need to put to them?
Do I still need to ask Acer if they sent out the service tag with packaging?
Once I've got a plan together I will get the letter(s) sent out straight away.
Thanks again.
Ok pal, you certainly know your stuff.
On your advice I'm prepared to take this matter up with whoever should be liable.
Just to clarify my plan of action
Do I need to take this up with both Acer & DHL?
I understand the bit about DHL not refusing to take the package as it wasn't properly packed. Is that what I need to put to them?
Do I still need to ask Acer if they sent out the service tag with packaging?
Once I've got a plan together I will get the letter(s) sent out straight away.
Thanks again.
Right,
get a letter sent off to DHL requesting a Damage inspection on the tracking number. then at the same time get a letter fired off to Acer asking for more information regarding the insuffichent packaging as you feel dhl is liable for the damage to the laptop.
you need to know how the laptop arrived into acer because THEY should have provided you with suffichent packaging to transport the laptop back to them.
Boy, it's the day of coincidences. I have prepared a court claim against DHL - for a completely different matter - today which will be filed tomorrow.
I would write a final letter before legal action to DHL and send it by special delivery to their registered office. [Note: Different DHL services are done by different "companies". On the details you received from DHL it should state the name of the company. Check on Companies House - select 'WEBcheck' for their registered office.]
The letter should clearly state that you intend to issue court proceedings against DHL for the billed amount by Acer plus interest at 8% per annum [pursuant to s69 of the County Courts Act 1984].
Give them 14 days to pay up or prepare a claim form and file it in your local county court.
If you need any more assistance please don't hesitate to ask.
Please keep us posted.
Best of Luck.
------------------------------------------------------------------------------------- All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional.
If you feel my post has been helpful, please click my scales.
Wow thanks guys.
I've already prepared a letter for DHL. I'm informing them that Acer received the laptop damaged & because of that I was charged for the repair. It goes on to say that as the laptop was not damaged when it was handed over to them then they are responsible & I would like to be reimbursed the full amount that was charged by Acer. I am also asking them for a damage inspection on the Case ID I was given by Acer which was then given to DHL as suggested by Juve (cheers). I will also send a copy by email using the email address given by legalpickle (nice 1).
I will give DHL the chance to respond before I use any threats.
I will also send a letter to Acer requesting full details of the damage & asking if they provided suitable packaging to DHL in this case.
If there is anything you feel I should add to these letters please feel free to suggest away as any advice is gratefully received. I'm not too good with letters so could use some help.
Thanks to both of you.
Wow thanks guys.
I've already prepared a letter for DHL. I'm informing them that Acer received the laptop damaged & because of that I was charged for the repair. It goes on to say that as the laptop was not damaged when it was handed over to them then they are responsible & I would like to be reimbursed the full amount that was charged by Acer. I am also asking them for a damage inspection on the Case ID I was given by Acer which was then given to DHL as suggested by Juve (cheers). I will also send a copy by email using the email address given by legalpickle (nice 1).
I will give DHL the chance to respond before I use any threats.
I will also send a letter to Acer requesting full details of the damage & asking if they provided suitable packaging to DHL in this case.
If there is anything you feel I should add to these letters please feel free to suggest away as any advice is gratefully received. I'm not too good with letters so could use some help.
Thanks to both of you.
Firstly I was going to post what peterlucas said:
Originally Posted by peterlucas
If you are unsure you may want to post the letter here (minus confidential details) so that people can look over it and see if its ok.
But even if you are completely sure of the letter, it may help to have a non-biased viewpoint on it.
Secondly, why give them a first chance to respond before threatening them? I don't understand this soft approach. I'm not advising to sue them in a week, 21 days is more than sufficient, but to write two letters takes longer and to me seems a lot softer than is necessary and less likely to receive the right results. Letter. 21 days. Sue. is my recommendation.
------------------------------------------------------------------------------------- All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional.
If you feel my post has been helpful, please click my scales.
Ok Ok you convinced me. Have scrapped the letter & will start afresh.
I'm getting ready for work at the mo (working nights) and so will make a start on the new letter when I get home in the morning and will post it here when it's done so you guys can tweak it for maximum effect.
Only problem is I don't have any details for DHL. Their courier will have left the receipt with my daughter who has more than likely binned it but I will check with her. Otherwise I won't know which office to send the letter to. Maybe I should contact Acer for these details.
Ok Ok you convinced me. Have scrapped the letter & will start afresh.
I'm getting ready for work at the mo (working nights) and so will make a start on the new letter when I get home in the morning and will post it here when it's done so you guys can tweak it for maximum effect.
Only problem is I don't have any details for DHL. Their courier will have left the receipt with my daughter who has more than likely binned it but I will check with her. Otherwise I won't know which office to send the letter to. Maybe I should contact Acer for these details.
Check with your daughter first. If not try calling the DHL number you booked the pickup on and ask them. If they don't tell you ask for the customer services number.
------------------------------------------------------------------------------------- All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional.
If you feel my post has been helpful, please click my scales.
I had a quick word with my daughter last night & she's pretty sure the service was DHL-Next Day. She still has the receipt with all the details on & so I've asked her to bring it with her when she comes back home from uni for a visit which should be later this week. I obviously need to include much of this information in my letter to them so will wait til I get my hands on the receipt before I begin to write it.
I will post it on here when it's done.
Best of luck with the court claim legalpickle.
I'm not advising to sue them in a week, 21 days is more than sufficient, but to write two letters takes longer and to me seems a lot softer than is necessary and less likely to receive the right results. Letter. 21 days. Sue. is my recommendation.
Mine would be:
Letter 1: Request for reimbursement, give them 14 days to comply.
Letter 2: letter before action, 14 days.
Then sue.
Why?
Because of the Pre-Action Protocol defined in the CPR:
4.3
The claimant's letter should –
(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;
(b) enclose copies of the essential documents which the claimant relies on;
(c) ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period; (For many claims, a normal reasonable period for a full response may be one month.)
(d) state whether court proceedings will be issued if the full response is not received within the stated period;
It is one thing not to be soft, it is another altogether not to follow court protocol. It doesn't show you as soft to follow procedure, quite the contrary, it shows that you know what you're doing and you're doing it within the rules. You don't want your claim to get thrown out because you haven't given the other side insufficient time to resolve matters outside of court. ;-)
Apologies to people who I was in the process of helping, I may be gone some time.
Laptop returned to Acer **Won and Fully Refunded**
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Originally Posted by The Janitor
All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. 
If you feel my post has been helpful, please click my scales. 
