You don't need to be an 'investor' to invest in Singletrack: 6 days left: 95% of target - Find out more
I had a delivery where the forklift has piddled a trail of oil down my drive.
Are they liable?
Does this change if their terms and conditions say kerb side delivery.
It’s also slightly complicated by the fact that I made the purchase from one company and they got another to fulfill the order.
Proceeding down that route sounds like a recipe for a lot of stress for little, if any gain.
Realistically, what's involved in cleaning it up yourself?
There’s few meters and a fairly large puddle. That’s good advice though - spend more time on the keyboard than it’ll take to do with a few scoops of washing detergent it i expect!
Caveat: I don't know. But.
The delivery company should have liability insurance. Your contract is with the seller, you have no relationship with the courier/driver. Their contract is with whoever arranged delivery.
So, logically, your claim should be against the seller in the first instance. They should get onto their courier, and the courier should pay up or claim against their own insurance.
I think.
It’s also slightly complicated by the fact that I made the purchase from one company and they got another to fulfill the order.
That would be a "them" problem also. You've paid a company for goods/services and ended up with property damage so they need to resolve that. Any other complications in between is oil gravy, it's not your concern.
Again, I think.
That’s good advice though - spend more time on the keyboard than it’ll take to do with a few scoops of washing detergent it i expect!
I would be a little careful here. If it can be cleaned easily then, well, who cares, clean it. But if it's going to be a big job then they could turn round and argue that your DIY attempts have made it worse. I'd perhaps start with a small area and see how it goes?
Raise it with the seller and give them a chance to do something about it. Your contract is with them, but given a third party is at fault all they actually have to do is send an email themselves so it's not going to cost them anything either. They just pass the demand on and given they're probably have an account with that third party they can withhold payment if they don't get the issue resolved satisfactorily.
I'd like to see the LOLER certificate for a forklift that is leaking fluids, and so would the HSE so that in itself should motivate the plant operator to clean up after themselves.
Give them the opportunity to sort to before attempting anything yourself. Rather than detergent get your hands on some fullers earth and scatter a layer over the oil, it'll soak it up
I'm not sure there is any relevance regarding who you placed the order with etc.
The owner/operator of the vehicle that did the damage is liable. Contact them with proof it was their vehicle and ask them to make good. If they choose to involve their insurers, that's up to them. Not your problem.
Who has been negligent and what loss have they caused you that you can claim for?
This would be a claim under the tort of negligence, nothing to do with your contract to buy and deliver whatever it is.
The owner/operator of the vehicle that did the damage is liable. Contact them with proof it was their vehicle and ask them to make good. If they choose to involve their insurers, that's up to them. Not your problem.
This.
Edited to add, if you have accidental damage cover for your buildings then this may be covered. It'll depend on who you're with, and the terms and conditions but it may be worth a go if the clean up costs are substantial. I've never heard of such a claim though, but I think it's possible. Then the insurer will chase the third party.
May be overkill though for a bit of elbow grease and a firm but polite request from the courier.
Does this change if their terms and conditions say kerb side delivery.
Did you ask them to bring the forklift onto your property, and if so, was there any discussion about the terms?
thanks all! I didn't realise it would come and be delivered with a forklift, all other deliveres have either been a pallet truck or by hand. The driver asked where I'd like them. No discussion on this absolving liability or that the truck might be leaking everywhere. Reading the T&Cs (at point of sale so the ones I contracted with) it does actually say they might offer to assist moving onto my property.
"How we deliver the goods. We will deliver the goods kerbside to the delivery location specified by you. This means that we will offload the goods from the delivery vehicle onto the kerb or similar unloading area close to the delivery location. You are responsible for transporting the goods from the unloading area onto your property, though we may offer to assist you with this."
I did contact the company who sold me the stuff, they said they would contact the company that sourced/delivered the items, which they did. They then told me that the delivery company said our t&c s are kerbside so doing a favour, not our problem. So I wondered if there was any case law I could refer to, that would speed up getting any resolution. Did a quick google and couldn't find anything so thought I'd ask you knowedgeable bunch!
They then told me that the delivery company said our t&c s are kerbside so doing a favour, not our problem.
If they've come onto your property rather than done the kerbside drop then they've already breached their own delivery contract.
In any case, T&Cs and "favours" don't come into it. They've damaged your property, they should be making good. Push back to the seller.
Go on, show us a photo of the damage! I'm of the belief that life is too short for such hassle. Convince me otherwise 😏
Before driving forklift on to your drive, did they warn you their forklift would leak oil all over it, which might change your request for the forklift to go on your drive?
Good Lord. If you’re going to punish every slight problem incurred whilst attempting to do the right/nice thing, no one will help anyone, do anything. We’ll become a litigation state like the US. Just buy £5 of absober and £5 of degreaser and get it sorted.
Shit happens.
I had a delivery driver turn up once in a white LWB Sprinter, he dropped the parcel and as he rushed off he carelessly drove over a water valve - it lifted a corner of the van entirely off the ground and left behind an impressive geyser.
By chance I'd happened to watch him drive off as I had a feeling something was going to happen.
I spent the rest of my day off digging up the driveway and repairing the pipework that I just happened to have spare.
The courier company couldn't have been any less helpful. As in, they didn't even respond to my complaint.
This is why most companies won’t go the extra mile anymore as they end up in a world of pain.
You knew it was kerbside delivery but then instructed the driver to drop on the drive. Driver being helpful and now you are complaining.
Why not just google how to clean oil stain from driveway follow the instructions and take the benefit of not having to lug a load of supplies from the kerbside to where you wanted them? Glass half full makes for a happier life.
You've got three options:
Ignore
DIY
House insurance
Choose one, go for a bike ride; anything else is a waste of time, money and energy