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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! 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...
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
Send Quarq a link to this thread.
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.
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.
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.
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.
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?
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.
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