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Old 10-10-2007, 02:13 AM   1 links from elsewhere to this Post. Click to view. #1 (permalink)
newbie55
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Default Order send twice who pays?

I made a order with a chinese supplier, they shipped the order and a week later they tried to contact me by email and instant message informing the order was taken by customs, and that they were resending me the order.
The 2nd order was shipped and after several calls by me to the shipping company I finally got that order. To my surprise several days later the first order who the supplier stated was taken by customs arrived. I never signed for the 2nd order it was left at the door since no one was expecting a delivery. The box was partly ripped by all items seem intact. I contacted the wholesaler and told them the order that they said had been taken by customs had not and I had 2 orders. I offered to retape up the box that had been dropped off (was damaged in shipping) and return if they paid for return shipping or could have the shipping company return for pickup. They want me either to pay for the 2nd order or pay to ship back.

Just so you know the orders were shipped by 2 different companies.

Am I responsible for the return shipping? I didn't cause this mess up, and I don't need 2 orders of the same items. I don't want to cheat anyone which is why I informed them that I received the order twice, however I don't think I should pay for these items or pay to return them.

How is the best way to handle this?
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Old 10-10-2007, 03:30 AM   #2 (permalink)
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Diplomatically, I would respectfully suggest. You could either lay out a lot of money when you don't need to, or you may get a bad reputation if you handle it badly, but save the money.

Are you happy with what you've got? OK, some of the stock (or was it just the packaging?) was damaged in transit, but let's deal with that in a while. if you're happy with quality, price and so forth, are you likely to want more of the same at some point in the future?

On the plus side, these people have told you what they thought was happening and replaced the goods without a quibble, instead of you having to chase whilst worrying that they may have run off with your money, so they can't be all bad. Now customs have released the goods unexpectedly, they have grounds for feeling they have lost out. It also shows they are dealing in legitimate goods, so it may be a supplier worth hanging on to.

How about writing to them or calling them to point out that, in essence, both sides have tried to act honourably and there's now a bit of a mix up. If they wait a while, you can have a chance to see how well the stuff is selling. If it does well, you will pay for the second lot (less any damaged goods?) but only half of the standard carriage costs, so you can maintain a good working relationship by showing you are both capable of sharing the costs of misfortune, agreeing there is no dishonesty. Even if you return the goods now at your cost, they have goods which they may not be able to shift and no return from them.

On the other hand, if sales do not go well, or if you would not be happy to use the same source again for other reasons, how about offering to share the costs of return 50:50? They get their goods back at low cost and your reputation is intact.

The legal side? I suspect you would be legally correct to refuse to pay, as none of this is your fault. But if a court were to allocate percentage "blame" where neither party is really to blame? My guess is you'd end up paying a proportion each. You'd be better off financially (court and legal fees) by coming to an amicable agreement to that effect in the first place.

Please bear in mind this is my personal view. I am not legally trained and what I have said does not constitute legal advice.
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Old 10-10-2007, 08:01 AM   #3 (permalink)
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Well wouldn't it depend on the two company's shipping policy? Does it state that the buyer is responsible for returning items?
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Old 10-10-2007, 09:30 AM   #4 (permalink)
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Personally I feel there is give and take on both sides. Ultimately in order to build a relatonship with your supplier and in this instance a massive amount of trust.

Ultimately they you should return the item but charge the shipping to their account.

If it was me I'd probably pay and keep the second order as a gesture of goodwill if I was looking to build a longterm relationship with the supplier. Regardless of whoevers fault it was stopped by customers they still had the decentcy to quicky re-send another order at their cost. Believe me this is very rare with a majority of companies! Or at the very least you would have had to wait weeks.

I had a similar case where I orded $3000 of samples a few weeks ago. At the last minute I added another $1000 but the company made a mistake and did not made a calculation mistake on the P.I.

I never noticed nor did they. After it was delivered the sales guy contacted me and explained the error. I simply T/T'd the remainder over (only US$300). Now when I want a deal or a favour, who is the guy going to assist? I have gained their trust and most importantly saved the guy his job.
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Last edited by greedyboy; 10-10-2007 at 09:37 AM..
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Old 10-10-2007, 12:33 PM   #5 (permalink)
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The situation brings to mind the first couple of lines from Bonnie Banks O' Loch Lomond. Your supplier definitely "took the high road". As greedyboy said, what they did voluntarily was unusual for many suppliers, foreign or domestic. They should be applauded.

No, you get to chose which road you'll take. If you are also going to take the high road, you will contact them and let them know what has happened. From that point there are 4 things that can happen that will keep you on the high road.

If the value is not too great they may simply tell you to keep it - free.

They may ask you to return it at their expense - the most equitable, in my view.

They may ask you to return it at your expense - I'd have to give this some consideration.

They may ask you to pay for it and keep it - as mentioned, this may or may not fit your needs.

Or, there is the low road -

"What second package, I never got a second package"

"Screw you, I got it and I'm keeping it."

"I'm not paying to correct your problem."

Etc.

Keep in mind these people gave you exceptional service by sending the second shipment before you even inquired. They deserve every consideration in return.

If you were buying once for yourself, that's one thing. But if you use them, or ar considering using the as a supplier there is nothing you could do to cement a positive relationship than to let them know today what has happened. And then if they used a courier type shipper I'd suggest to them that they issue what UPS calls a "call tag" where the UPS comes with a prepared label and receipt and picks up the package from you at no cost to you. I'm only familiar with UPS with this practice, but I'm sure the others offer it as well.

And remember - what goes around, comes around. I think some call it The Golden Rule.
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