Finance - Return of a Damaged Shipment
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Question
Hello, we sent books to a certain school according to an order, for payment, but it turned out that we mistakenly sent double the quantity. We asked them to pack the excess well, and we would send a courier to collect them. The return arrived to us in a huge box (not the original) open, and its contents were partially mixed and spilled at the entrance of our house. Most of the books are crumpled and dirty and cannot be resold. The person in charge says she was not on site when the courier arrived, and it seems to her that they did pack well. And it's the courier company's fault. But reality says otherwise... and also from our experience, returns arrive in good condition. Who should bear the damage?
Answer
Shalom and blessings,
The answer from the judges of the Beit Hora'ah:
If there is evidence that it was not packed properly, the school is liable.
If there is no such evidence, they can claim that the courier company was negligent, and they cannot be held liable.