| 9.
How to deal with defective binoculars
Nobody says you'll never receive
such a shipment: binoculars or telescopes you order are damaged
externally, out of collimation, or some packs even get lost.
9.1 Factory Warranty
9.2 If it's not our fault, who is "guilty"?
9.3 Plan
A
9.4 Plan
B
9.1
Factory Warranty
If it's our fault - the sub-standard
binoculars with internal quality problem due to the negligence
of our quality assurance people, or to the defective design,
we will compensate you in two ways:
1) for small inexpensive shipment,
just count how many pieces are defective ones, and send a
sample to us. Then, we will air-freight the new replacements
to you based on your report of number of defective ones;
2) for the binoculars and telescopes that have higher value,
please send the faulty ones back to us, we'll either fix it
here in the factory or send you the new replacements.
In each case, we'll pay all the
freight cost
9.2
If it's not our fault, who is "guilty"?
But, in most cases, no matter
the protection measures we take, the binoculars and telescopes
are still be damaged due to the careless handling during the
transportation: ramming, striking, banging, prodding, jabbing,
poking, thrusting, etc., or even stealing - several packs
just get lost.
More often than not, your first
reaction is to send an email to us to report all the damages
and say how "ouch" you are. We perfectly understand
how you feel for we "Ooouch" even more.
Firstly, our customers will ask
us what we should do with them. Well, if it's not our fault,
then you are supposed to file a damage claim for any loss,
damage and delay. But, the question is: who, the carrier,
the freight forwarder, or the insurance company, is responsible
for what?
Most likely, the carrier will
usually refuse to take the damage claim and tell you it's
a "China affair", and you should contact with our
freight forwarder. Our freight forwarder will firstly hesitate,
then tell you that you should settle the claim with insurance
company. Here comes the most frustrating part. The insurance
company will instruct you to have an authorized agency, at
your own cost, to inspect the damages, take the photos and
write a report. Then, they tell you that you should file a
damage claim against the carrier immediately.
And the gratuitously long, ridiculous
run-around on damage claim just begins. Despite being repeatedly
told by the carrier, or the freight forwarder, or the insurance
company that the matter would soon be settled, you will repeatedly
be asked to comply with ever new and silly requests for superfluous
information, which, you find, for a while, you have done,
only to receive still more egregious excuses for why the claim
has not yet been paid, and ever more delaying requests for
this or that additional documentation.
Then, you may ask yourself or
us, is it worthy of it? What are we going to DO? Though we
do "ouch" too, we have plan A and plan B.
9.3.
Plan A
If the value of the binoculars
or telescopes loss or damages is less than USD 2,000$, we
will have an authorized agent to inspect the damages, the
cost will be 50/50 split between you and us. Based on the
damage inspection report, as stated in our factory warranty,
we will either send you the new replacements or repaired ones,
and pay all the freight cost.
Then, with the damage inspection
report, we have our own ways to settle the damage claim. We
may get compensated, we may not get compensated.
Our mentality is: to make money
in a long term, we must have long-term business relationship
with you, our customers. You make money, we make money. You
lose money and get out of business, we lose money that we
should make in the long-term future.
9.4. Plan
B
We have to, however, "fight
a battle" against whoever is responsible if the value
of the binoculars or telescopes loss or damages is more than
USD 2,000$, especially for the sea bulk cargo, we usually
insure the binoculars and telescopes against all the risks
of physical damages and loss. Following the steps below, we
will work together to file a damage claim:
1) You, or we, or both notify
the insurance company immediately.
2) Have the damage inspection report made by the inspector
sent for by the carrier, or by the agent sent for by the insurance
company.
3) File a damage claim against the insurance company and the
carrier.
4) We will need to prepare together the supporting documentation
as follows:
a) The original bill of lading
b) The paid freight bill
c) Proof of the value of the commodities lost or damaged
d) Inspection reports, if made
e) Copies of request for inspection
f) Notification of loss
g) Waiver of inspection by carrier
h) Special documents when appropriate, such as
Photographs
Temperature reports
Impact records
Condemnation certificates
Dumping certificates
Laboratory analysis
Quality control reports
Package certifications
Loading diagrams
Weight certificates
Affidavits
Carrier's passing reports
Loading and unloading tallies
5) While the damage claim runs
around, we will have special offer for you to have the binoculars
and telescopes to keep the business going. Be aware of that
it could take three months to several years.
6) At last, the damage claim could be settled or we just lose
patience, are left no further recourse but to take legal action
- which we have never experienced in our 6-year exporting.
And in our 6-year exporting
experience, we come across only one case that should proceed
to plan B, and it took 10 months to finally settle the damage
claim.
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