As a small research company, much of our work is won via competitive tendering. We spent 3 days preparing a tender which was passed to the courier on Thursday 7th September 06 for delivery on Friday 8th September. The delivery had to be made within working hours and we used an overnight service. On Tuesday 12th September, we received the unopened tender back in the post stating that it had not been received until 12.30 on Monday 11th September. I questioned the courier who stated that they had been unable to get to the building due to a lorry blocking the entrance, so they drove off and did not attempt re-delivery. As a result of this, we have potentially lost £5,000 worth of work in addition to the days spent preparing the tender. The courier company say they are sorry, but there was nothing they could have done. Do I have any claims on them or could I instigate a claim through the Small Claims Court ?
November 27, 2008 by Anonymous
Providing your contract with the Courier stipulated delivery at the intended time there will be a clear breach which would normally entitle you to damages for all loss arising from the breach which could reasonably be known by the Courier. My fear however is that the contract will include an exclusion clause which excludes or limits liability for loss arising from a failure to deliver. It will be necessary to read the contract to determine this.
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