DAVIDGSLEES
Junior Member
In consumer law can anybody advise who is responsible for establishing the terms of trade between two parties. i.e. is it incumbent upon a supplier to point out his terms of trade to a new customer in advance of any supply of goods or services or should the customer determine the suppliers terms of trade before entering into any contractual arrangements?
A loss has arisen as a result of goods being lost whilst being transported by the supplier. The customer was not made aware of the suppliers terms of trade or asked to sign any documentation to agree to the terms and conditions under which the shipment would be carried out. The supplier is arguing that the customer should have taken out adequate insurance to cover any possible loss and the customer is arguing that the supplier had a duty of care to look after his goods and in the absence of being advised otherwise, assumed the fees charged by the supplier included full insurance cover whilst the goods were in his care.
A loss has arisen as a result of goods being lost whilst being transported by the supplier. The customer was not made aware of the suppliers terms of trade or asked to sign any documentation to agree to the terms and conditions under which the shipment would be carried out. The supplier is arguing that the customer should have taken out adequate insurance to cover any possible loss and the customer is arguing that the supplier had a duty of care to look after his goods and in the absence of being advised otherwise, assumed the fees charged by the supplier included full insurance cover whilst the goods were in his care.