Powermeter lost in the post... bummer

Questions about bike hire abroad and everything light bike related. No off-topic chat please

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aerozy
Posts: 776
Joined: Thu Sep 04, 2008 9:48 am
Location: Andaluzia, Spain

by aerozy

To make a long story short. In August 2012 I bought a quarq S975 from a german online retailer. After about 2 weeks of usage it stopped working so I sent it back to the german retailer. And no, I could not send it directly to quarq in the US as everything has to go through the original purchase store. In all It took about 2 months before I got it back.

So hunky dory I install the crank and begin training with it. To my displeasure bam! After another two weeks of usage the powermeter stops working again! :unbelievable: Sent it back to Germany but it never arrives... Norwegian post seems to have lost track of it, german DHL have no clue either where the dam thing is.

Now who's responsible here? The parcel was registered and I stated its true value but I did not insure the parcel. Im guessing I will have to take the full blunt of the messup. Norwegian post will give me a small compensation but not anything near the true value of the powermeter.

Wish Quarq would step forwards and take some responsibility but I cant see them doing anything...
Factor O2 Rim / Winspace 1500 Disk / Yoeleo R6 Rim / Cervelo S2 Rim

Privateer
Posts: 360
Joined: Thu Feb 03, 2011 2:28 pm

by Privateer

That sucks.

Was the parcel tracked? If so, you should be able to pinpoint exactly where it went missing, and hence who is responsible.

If not... you might need a lawyer.

by Weenie


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aerozy
Posts: 776
Joined: Thu Sep 04, 2008 9:48 am
Location: Andaluzia, Spain

by aerozy

I do have a tracking number. It seems to have gotten lost in the "limbo zone" in between norway and germany.

Im guessing one of those middle man orangutans saw the value of the "shoe box" and stole it...

Lawyer? Will have to pass. Im guessing I could get about 10 new SRM's for the price of a norwegian lawyer :roll:
Factor O2 Rim / Winspace 1500 Disk / Yoeleo R6 Rim / Cervelo S2 Rim

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djm
Posts: 1403
Joined: Thu May 14, 2009 12:19 pm
Location: Norway

by djm

I'll do it pro bono aerozy! ;-) (but I'm merely a jurist..)

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stella-azzurra
Posts: 5066
Joined: Mon Jan 23, 2006 6:35 am
Location: New York

by stella-azzurra

Wow S975 for 1 month of usage but it's more like less than 300 hrs of work at best right?

Send Quarq a link to this thread.
I never took drugs to improve my performance at any time. I will be willing to stick my finger into a polygraph test if anyone with big media pull wants to take issue. If you buy a signed poster now it will not be tarnished later. --Graeme Obree

afalts
Posts: 157
Joined: Thu Mar 08, 2012 3:20 pm

by afalts

stella-azzurra wrote:Send Quarq a link to this thread.


Why? This is not at all Quarq's problem, this is a postage company problem.

I am not aware of Germany's laws, but you may want to do some research to see if DHL can be held accountable, and for how much.

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stella-azzurra
Posts: 5066
Joined: Mon Jan 23, 2006 6:35 am
Location: New York

by stella-azzurra

Although it not quarq's problem for not losing the package it is their problem for needing to repair the same device 2x.
Had the device been repaired once like it should be in most cases the OP would not have lost it in the mail.
I have no idea what shipping costs and usually when you ship an expensive item you can buy insurance so that if it does get lost you are fully covered. I don't know if Norwegian post offers this.
Either way do we really need to send a device that we paid 1000$ + shipping costs to a vendor and have it repaired not once but twice. Was there a third time? we will never know.
I never took drugs to improve my performance at any time. I will be willing to stick my finger into a polygraph test if anyone with big media pull wants to take issue. If you buy a signed poster now it will not be tarnished later. --Graeme Obree

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ave
Posts: 2136
Joined: Sun Dec 28, 2008 10:15 pm
Location: Hungary

by ave

I understand that for you the big problem is that the package got lost, but for others the fact that it failed twice in such sort time is more alarming.
As I understand the guy who stole it got a dead unit. I'd try to find out if it is taken in for service sometime soon.

Once a notebook was stolen from our company and it showed up in a repair shop for HD replacement. Police still messed up, so we didn't get it back and didn't catch the thief either.

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mr_tim
Posts: 957
Joined: Sun May 31, 2009 8:47 pm
Location: durp durp durp

by mr_tim

The answer to whether you have a case with DHL is seemingly doom & gloom, for a legal view point.

When you buy the service at the counter you pay for a 'level of service' - the more you pay, the more / better / higher level of service you get.

If you want insurance / high financial cover if the item gets lost, you pay a higher initial price - that way the seller gets suitable recompense for the risk he carries in the event the item does actually get lost.

So by sending the item out without the suitable level of cover, you've skimped on the risk or levy the seller is charging you to carry the item, & thus when the worst happens, you only get the recompense up to the level of service you've paid for.



Basically, unless someone is feeling generous you are out of luck.
:cry:

boolinwall
Posts: 195
Joined: Thu Aug 23, 2012 11:19 pm

by boolinwall

I always get a kick out of courier insurance. You want me to pay extra to insure that you do your job correctly?

Privateer
Posts: 360
Joined: Thu Feb 03, 2011 2:28 pm

by Privateer

mr_tim wrote:The answer to whether you have a case with DHL is seemingly doom & gloom, for a legal view point.


Has this been tested in court?

It seems to me that the courier/postal service has breeched their duty of care.

It could also be argued that they have not met the terms of their contract, and could be sued accordingly.

Any torts or contracts lawyers out there?

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ave
Posts: 2136
Joined: Sun Dec 28, 2008 10:15 pm
Location: Hungary

by ave

>It could also be argued that they have not met the terms of their contract, and could be sued accordingly.

Really do you think their lawyers are that stupid?

Privateer
Posts: 360
Joined: Thu Feb 03, 2011 2:28 pm

by Privateer

It's not a question of stupid lawyers.

I asked whether this has actually been tested in court.

As consumers we often take things lying down, simply because it's not worth our while to fight, or because we are unsure of our rights, or because we are intimidated by fineprint which actually has no basis in the law.

Perhaps in this case I am completely wrong, but I would like to hear from anyone is actually familiar with case law in this area.

by Weenie


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djm
Posts: 1403
Joined: Thu May 14, 2009 12:19 pm
Location: Norway

by djm

Under Norwegian law you'd most likely be out of luck for compensation unless the Postal service has been grossly negligent.

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