No POD, do I have to pay?

Yes Warren, unless you’ve agreed with the supplier in advance that payment will depend on a POD. It sounds ridiculous but unless you’ve specified in advance that a POD is required then you’d have no grounds to refuse payment.

You could maybe dispute that the work had been carried out but without any grounds you’d probably just end up losing a court case if it came to that.

Many courier companies have the right to leave parcels without signature written into their Conditions of Carriage.

Posted under Courier Basics, Legal Issues

Posted by Alec at 9:59 am, March 27, 2007

2 Comments so far

  1. Alec added on  March 27th, 2007 at 10:32

    That’s incorrect Simon, there must have been more to the cases you were involved in. The only ‘legal’ requirement is to be able to show ‘in the balance of probability’ that a delivery took place and even that isn’t a requirement if the supplier’s Conditions allow for unattended delivery and the customer is aware of those conditions.

    How could we deliver to drop-boxes, or make in-boot deliveries, if the non-production of a POD was a valid excuse for non-payment? Even Royal Mail’s ‘signed for’ services allow the postman to self-certify the delivery.

  2. Alec added on  March 27th, 2007 at 10:56

    And if the supplier’s Conditions DO allow for unattended (or un-receipted) delivery?

    Proof Of Delivery can be as simple as a driver saying “I’ve delivered it” – that’s proof unless someone more credible claims that they’ve not received the parcel. “The ugly bloke on the forklift’s got it” is fine as long as the ugly bloke isn’t prepared to swear an oath that he hasn’t.

    As you may have noticed I’m just arguing for the sake of it to make the point. I fully agree that every delivery should have a full clear POD, signed, printed, dated, timed, number of items delivered, ‘Received in Good Condition’. I’d go further and say that the routine provision of a full POD on request should be a condition of ‘Network’ membership. In fact why not go the whole way and provide a set of standard Conditions for intertrading between ‘Network’ members that will over-ride the members’ own conditions? A set of standards that we all have to work to.

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