We often read complaints shared on social media about courier companies being slow to deliver goods even though sellers have informed that is has been shipped for a long time. At the same time, there are also items that we post late to the recipient to make it difficult if the package is important.
Did you know, actually we can sue the courier company if we as customers are not satisfied with their services? So if you have a problem with the delivery company, you can make a claim on them.
It is something no one wishes for but unfortunately, in some cases, the parcel goes missing and someone should take responsibility for the situation. In this article, we are explaining what are your rights when your parcel is and who to turn to when seeking assistance.
According to a lawyer Nor Zabetha from Messrs Nor Zabetha Chinna & Co shared the story of courier company being sued just for being late in sending the order.
Sometimes we who run an online business will deliver goods through courier service and delivery by post.
Many also expressed dissatisfaction with the courier company but many did not proceed with the suit.
This time I want to share the case in court that sued the courier company with a claim of 1 million due to the delay of the courier company making the delivery resulting in loss. Success or not getting this 1 million? Read first.
In the case of ABP PERFAB (M) SDN BHD v. NATIONWIDE EXPRESS COURIER SERVICES BHD, [2012] 1 CLJ 704, in 2003, ABP used the Nationwide Express (NE) service to submit a tender document on 11/6/2003, at 10 am which is 2 hours before the tender time ends.
The document failed to be submitted at the time directed by ABP, causing ABP to fail to obtain the RM1 million tender. ABP has commenced the case in court on the allegation that the defendant had breached the contract and / or was negligent in submitting the tender document on or before the time it was endorsed on the envelope containing the tender document.
But the NE argues in defense that ABP, cannot sue NE up to RM1 million. Even if NE is guilty. NE only has to pay RM200 only because it is contained in the NE courier conditions which is “‘Standard Conditions of Carriage which is the previous condition of acceptance of consignment by ABP, NE’s liability is limited to RM200.
The NE also argues that the “Standard Conditions” are on the front page of all NE consignment notes including for the submission of ABP tender documents.
So for easy understanding I conclude the meaning of NE here. NE said, the initial condition to use their service is that the user must agree, in the event of a claim for damages, damage or anything that is not satisfied. Yes! They will pay but a maximum of RM200.
That alone though the damage is more. To refute this allegation ABP maintains that the Standard Conditions in the consignment notes are less clear, vague and uncertain and also that no reasonable notice has been given to the plaintiff against the “Standards Conditions”.
Therefore this condition does not apply. So debate these two of them, which ABP says this and NE says so. Who won? The court agreed that the NE had failed to deliver the documents based on the stipulated time period. NE therefore has to pay ABP compensation.
Even so, the court also agreed that the NE liability is limited to RM200. So NE has to pay RM200 only. But since the Defendant (NE) has been successfully proven negligent and caused ABP to take this case to court, so NE has to pay court costs of RM8,000 to ABP. Still less than a hundred thousand, the amount of compensation obtained.
The court also held that ABP’s claim that the provisions of the NE liability restriction clause were vague, uncertain and unclear was unfounded. ABP cannot deny that it has agreed to accept the terms set forth in the “Standard Conditions”. That is the decision of this case. In this case, the court also refers to several cases that contain the same legal principle that is regarding the responsibility of the courier company.
There are responsibilities, but their liabilities are limited. That is, if they are careless, they will have to pay compensation but not much and everything is subject to conditions. My order, if you want to use a courier company for the purpose of delivery, do not send something that is too valuable such as mobile phones, jewelry or anything beyond the allowable value of compensation.
Seems to be looking for problems. If the value is expensive, we take the initiative to send it ourselves or look for other alternatives or maybe increase the value of liability / delivery insurance (if any). Do not deck because of our negligence, take lightly the way our delivery suffers losses.
By Nor Zabetha
Sources: Nor Zabetha