Legal advice needed - non Surf related

[Woodie]

A friend of mine has asked me for help and if its ok I thought I'd ask here.
He lives in Israel and bought a pair of 'Art' exhaust cans from England for his motorbike. The cans although supposed to be top quality developed a fault and were sent back to 'Art' for repair, the cans were repaired and sent back to him in Israel but got lost in the post. He contacted Art and now they say he has to pay the return postage which they say is £70, the reason they give is that they wont send another pair of cans without insurance. I have spoke to Chris at Art myself in case my friend 'missed' anything as his English isnt perfect and this is the story so far. Does anyone know if Art are acting legally, I would have thought the sending of repaired faulty items would be down to them and if they had sent it insured in the first place there would be no need for all the hass.
Any legal eagles know what should be done please?

[Guest]

A friend of mine has asked me for help and if its ok I thought I'd ask here.
He lives in Israel and bought a pair of 'Art' exhaust cans from England for his motorbike. The cans although supposed to be top quality developed a fault and were sent back to 'Art' for repair, the cans were repaired and sent back to him in Israel but got lost in the post. He contacted Art and now they say he has to pay the return postage which they say is £70, the reason they give is that they wont send another pair of cans without insurance. I have spoke to Chris at Art myself in case my friend 'missed' anything as his English isnt perfect and this is the story so far. Does anyone know if Art are acting legally, I would have thought the sending of repaired faulty items would be down to them and if they had sent it insured in the first place there would be no need for all the hass.
Any legal eagles know what should be done please?

Personnally I think it depends on the wording in the warranty. If the warrenty states that it is repair and return it is not always the responsibility of the vendor to pay the postage.

Cheers

[Koi]

if they are lost in the post then there will be paperwork to the effect that the courier collected the cans in the first place. If indeed the cans were lost in transit then the courier comapny is at fault and the claim should be placed against them, they are insured for this.
Ask for the receipt of the collection because you will be contacting the police as they have been knicked by someone at the courier company, you will be amazed at how quick things can sudddenly move.

[mat1]

at work, when asked questions like this i always refer people to the citizens advice bureau. they are free and they know what they are talking about.
consumer rights is often a heated issue and we have alot less than we think.
mat

[Woodie]

Thanks guys, reply's noted, I knew I'd get some sense here, I think I'll try Koi's approach first and give them a bell tomorrow, if it's of no use then I'll tell my jewish friend to offer them half of the postage,,,,,that should be funny - ouch!
UPDATE: Hey guess what? The lost Cans mysteriously turned up at the couriers depot!!!
Well done!

[Guest]

if they are lost in the post then there will be paperwork to the effect that the courier collected the cans in the first place. If indeed the cans were lost in transit then the courier comapny is at fault and the claim should be placed against them, they are insured for this.
Ask for the receipt of the collection because you will be contacting the police as they have been knicked by someone at the courier company, you will be amazed at how quick things can sudddenly move.

It also depends on the class of international freight that they used. They may have used FCA (Excluding shipping, insurance and import duty), DDP (delivery duty paid which includes insurance), DDU (delivery duty unpaid which includes insurance) or a number of variations which could mean that the shipper, the supplier or you are liable for losses.

You need to investigate the class of freight before determining the party at fault.

Cheers

[da SLUG man]

at work, when asked questions like this i always refer people to the citizens advice bureau. they are free and they know what they are talking about.
consumer rights is often a heated issue and we have alot less than we think.
mat

only trouble is, they're only open on the 3rd wednesday of each month between 1200 and 1300 with an hour for lunch!

[Koi]

Thanks guys, reply's noted, I knew I'd get some sense here, I think I'll try Koi's approach first and give them a bell tomorrow, if it's of no use then I'll tell my jewish friend to offer them half of the postage,,,,,that should be funny - ouch!
UPDATE: Hey guess what? The lost Cans mysteriously turned up at the couriers depot!!!
Well done!

Did they turn up after you contacted them????????????