Computer ordered from CPL Computing arrived damaged. CPL states "Cannot help you any further in this matter."

The PC arrived heavily damaged. The GPU was loose (broken retention clip), the HDD was dislodged from the bracket), etc. Photos here: http://imgur.com/a/L6kmn

The box arrived in good condition. It doesn't look like there has been any issues with transit.

I've contacted CPL about this but they keep saying that the problem was not on their end, and that they "Cannot help" any further in this matter.

I live in Sydney and won't be able to go to their shop in Melbourne.

Any ideas?

More details on Reddit

EDIT:

CPL's REP has stated in the forums as well as their last deal listing that they would not only replace the computer, but would also shoulder the shipping costs.

I have inquired about the new computer that I would be getting, asking if the parts would be brand new, or would the parts from the current build be simply transferred into a new case. There is reason to believe that any of the parts and components may have been damaged and could prove to be an electrical hazard in the immediate future.

I am currently awaiting for their reply, and am hoping to have all of this put behind us. I would like to thank you all for your support and input in this ordeal. In the light of things, CPL is looking to remedy the situation. Hopefully all issues with shipping, packaging, and handling will also be resolved. I hope for your continued support for CPL as they have provided us all good deals in the past, and hopefully will continue to do so in the future.

Related Stores

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Comments

    • +3

      For uninsured items, AP will pay up to $50.00 (yes, fifty dollars) at their discretion.

      For insured items, it is calculated as follows:

      Add $1.50 per $100 value (or part thereof), plus $2.95 for Signature on Delivery.

      As it is, it doesn't matter which courier CPL used or whether the item was insured - that is not the buyer's concern, that is CPL's concern, and it a completely separate transaction to the buyer's contract with CPL.

      • That's got to be a hard decision, CPL would probably still making a net saving from not insuring every item they send out. I guess that's the risk and totally agree that it isn't the buyers fault. I'm surprise auspost is even being used and not a private courier for big items such as these though. I'm sure the private couriers are more cheaper on a mass supply companies.

        • sometimes AP is cheaper, I have shipped PC's before and this is one of those days when AP contracts out to shifty contractors that does a half ass job or don't know what Fragile means

          I do hope CPL did stick the Fragile stickers because they are free courtesy of AP, otherwise they'd be throwing these into the van like airport luggages :D

        • Pretty much - at the margin many of these companies work with (see: MSY), it's not worth eating the cost.

          For some sellers on eBay (where registered post - now called 'Extra Cover' - is required for Paypal Seller Protection), they calculated that since the market rate was $X, if they registered every item, the money saved on lost/damaged items was not worth it as they would save more not registering in the first place. That said, many sellers would agree that any item over the price of $50 was worth insuring, as the cost/benefit ratio started balancing the other way.

          It is baffling that insurance is not expected for anything worth a significant $ amount, though I do suspect this is an issue caused by both buyers and sellers chasing the lowest possible price.

          Regarding private couriers, not all of them have great franchisees in the destination areas. I'm personally very lucky to have good Fastway and Toll drivers in my region, but an awful sub-sub-contractor for Allied Express (you read that right, two levels of subcontracting below Allied themselves).

      • AP technically dont offer a fragile service, insurance only covers items lost in transit.

  • If you pay by paypal. Just open up a dispute reason stating the item received as not described. Paypal will ask you to send the whole computer back to the company at your own cost. And once the carrier arrives and have their signature, just informed paypal about it and you will get your money back.

    The cost to send it back is yours though, it might be expensive from Sydney to Melbourne.

  • From the damage sustained it was unlikely it was dropped onto flat floor. More likely it was dropped down a flight of stairs. Or hit the edge of a table or the back edge of a truck.

    How is there any damage inside the carboard box?

    Personally would buy it locally. and lucky i did since i had to replace a part.. then replace it again along with another part all within 3 weeks.

    It all works now but yeah.

  • -1

    I don't think they're even obligated for damage that has occurred during shipping

    ACCC page for businesses
    http://www.accc.gov.au/business/treating-customers-fairly/co…

    You do not have to pay for damages or losses that:
    are not caused by your business or the goods you supplied
    relate to something independent of your business and outside your control, after the goods left your control.

    If Australia Post damaged the box then it appears that CPL may not be obligated to do anything as the goods are out of their control.

    • +1

      Ok sure. Packages broken pc with flawless cover to you

      You open it
      "Everything is broken!"

      I'm not obligated to refund you.

      You really think this is how our laws work?

      • As I requested in the deal comments, post a link to the "laws" that you are referring to which state a business is responsible for damage that occurs during shipping.

        I look forward to your reply.

        You really think this is how our laws work?

        What legal qualification's do you have?

        • +8

          As I noted in the other thread, I do believe the text you have quoted is rather unclear.

          http://www.commerce.wa.gov.au/consumerprotection/PDF/Factshe…

          When you arrange delivery for a customer, it is your responsibility to deliver the items in good order. For example, if a customer buys a lounge suite and pays you a delivery fee as part of the contract, you are liable for any damage in transit. This includes the cost of transporting the suite back and forth.
          Regardless of who you get to make the delivery, it is advisable to have insurance to cover potential damage or loss.
          However, if customers decide to transport the goods themselves, or arrange for someone else to do it, any damage during transport is not your responsibility.

          As CPL sold the buyer the service of shipping, the goods never 'left their control' - they contracted the service of delivery to a 3rd party, but it is still something THEY organised as part of the sale.

          TL;DR Buyer's contract is with retailer, not to the retailer and the shipping company - retailer is responsible for arranging safe delivery of item, and any courier they choose is still related to their business (under contract) and the item is still considered under their control

          EDIT: I do believe the correct term regarding AP's relationship to CPL is they are acting as CPL's agents.

          http://www.consumerlaw.gov.au/content/the_acl/downloads/cons…
          When is a consumer not entitled to a remedy?
          A consumer is not entitled to a remedy when a supplier does not meet one of the consumer guarantees due to something:
          - someone else said or did (excluding the supplier’s agents or employees), or
          - beyond human control that happened after the goods or services were supplied.
          For example:
          - It takes a qualified painter three weeks to paint a house but the job has taken four weeks. The sole reason for the delay was the weather, which is outside the painter’s control. The consumer would not be entitled to a remedy.
          This exception does not apply when a supplier has not met the guarantee of due care and skill.

        • +8

          Errrr, kinda. The term "agent" is usually attached to a person whom is acting on behalf of a company. AP does not act on behalf of CPL. If CPL had their own couriers whom delivered the computer, the couriers would be acting as "agents" of CPL. Additionally if for whatever reason some employees of AP dressed up in CPL uniforms, had CPL cards, delivered items on behalf of CPL and talked to CPL customers about their enquiries, it would then be arguable that those employees of AP were acting as "agents" of CPL as they were putting themselves out as representatives of that company.

          In legal terms (yes I have quals) it's "kinda" like this. The buyer contracts with CPL for the product and delivery of it. CPL makes the product then outsources to AP for delivery. Delivery occurs, and somewhere along the line the product is damaged.

          As the consumer only has a contract with CPL they cannot seek damages (directly) against AP. However as part of the contract with CPL, the consumer paid for delivery of the item. This contract was not executed correctly as the consumer did not recieve the goods in the condition that they paid for them.

          For these reasons the consumer can seek contractual remedy against CPL, and in turn, if it were to be proven that the item was damaged in transit, CPL would seek damages against AP. The consumer doesn't have to wait for them to settle that qualm, they are simply entitled to either a refund as they did not recieve goods in the condition that they paid for them, or for specific performance of the contract, which is being supplied with the same product in the condition that they paid for it.

          But really there's no need to throw around these legal arguments if they're going to be lost on those you are dealing with. Ask nicely, if you don't get what you want, make a complaint…things generally turn out the way you want.

        • sorry to be a stick in the mud, but..
          Additionally if for whatever reason some employees of AP dressed up in CPL uniforms, had CPL cards, delivered items on behalf of CPL and talked to CPL customers about their enquiries, it would then be arguable that those employees of AP were acting as "agents" of CPL as they were putting themselves out as representatives of that company.

          This sounds very much like an application of the test that the courts took in Hollis v Vabu, which determined whether an independent contractor was actually an employee. Not sure if it extends to agency (on a hunch I don't think it does) but I can see how that hypothetical has come to that conclusion.

          I do agree with you however that kwchaz is wrong about agency in this instance. imo, the OP is better off going to the dept of fair trading for the state to try and resolve it if there is no action within 7 days.

          I procrastinated heavily reading the whirlpool.net forums and the woes of people affected by CPL there, omfg. On a side note- I'm also curious as to how the case got that ding, but going on credit of CPL and the OP, I'm more inclined to believe what the OP says.

          disclaimer - i am not a lawyer and this post does not constitute legal advice. The OP should be in contact with his lawyer should he wish to progress the claim.

        • …putting themselves out…

          Holding themselves out.

          Putting out is something very different.

          …i am not a lawyer…

          I know, i know. It's the 'Hollis v Vabu' reference that kind of gave that away.

          Mate, it's a ~$1000 PC.
          It's not worth engaging lawyers.
          It is worth engaging Fair Trading.

        • Hi ankor, sorry it was a simple hypothetical. Im sure you can make a better one with conferring of authority etc.

        • If you're not a lawyer why are you quoting case law?

          FYI it's nothing like Hollis v Vabu

        • Yes it looks like Hollis v Vabu was determining the extent and circumstances to which a 'contractor' can be deemed a 'contractor' or simply another employee. Considering a tortious act on an employee makes an employer liable.

          But that's unrelated because we know AP is a contractor and it is obvious. They are not employees of CPL. And no AP employee has been harmed anyway.

        • Considering a tortious act…

          Was this with the Sydney Dance Company?

          Oh Jesus, i think that just triggered a goddamn aneurism. No wonder my brain hurts…

        • So if i went to a brothel, and contracted the pox, who do i claim against? Maybe she's merely renting the room. I didn't sign any contract last time, so i wasn't too sure who i was contracting with, if indeed i was contracting with anyone. I just remember contracting something.

          Just curious. I wonder how long this comment will survive?

        • AlanHB,

          Sorry if i came off rude, it was not my intention and i don't know why that bolded.

          I'm just a student, who can't remember all that much about commercial law so my guess is as good as yours regarding the commercial relationship between these three parties.

          btw- i don't know why one man clan was negged, that was a legitimate question.

        • "….So if i went to a brothel, and contracted the pox.."

          Goddamnit FrecklyNuts! Again? I told you Wendy was damaged goods :P

        • +2

          My understanding is that the most active STD clinic in the country is in Bondi.

          Bondi has a very high transient UK population.

          These two sets of facts may well be related.

        • My understanding is that the most active STD clinic in the country is in Bondi.

          Bondi has a very high transient UK population.

          These two sets of facts may well be related.

          Lol. /mindblown

        • You forgot the french and south africans

        • I especially try to ignore the French.

          Had a free weekend once & was in Paris. Was trying to read an English-language newspaper at one of the news stands, and the prat in the booth prodded me with a long stick. Felt like explaining to him how we resolve these issues back in Broadmeadows, not that i'm from Broadmeadows, or Blacktown, or Auburn (NSW), or Dandenong.

        • "and the prat in the booth prodded me with a long stick" the french are sure 'friendly' eh? :P

    • +2

      Since CPL is collecting fees for delivery as part of purchase, then it is also part of their business. The fact that they choose to outsource that part of it to another company (ie. courier) is their choice - they could, perhaps, choose to deliver it themselves (ala. pizza delivery) and whilst in transit, delivery would be their responsibility.
      Had they merely been an agent for the courier, requiring purchaser to enter into a separate contract for delivery, only then would they no longer be liable once the product is collected by the courier.

  • +4

    Good job not being responsible for your goods being safely delivered to your customers CPL. ill be staying away from your store thanks :)

  • +2

    Personally i would never have a PC home delivered - you're just looking for trouble.

    Every major city has a decent local operation who will build pretty much whatever you want. Perhaps you should use one of them next time.

    BTW i remember dealing with CPL in Melbourne years ago - perhaps they've changed but back then they were the pits & i refused to deal with them.

    God i hate computers…

    • This.

      I have had builds where I have had to change the video card 2 or 3 times. The local yokels mess you around bad enough, if you were dealing with someone via email rather than camping on their doorstop I think you're just asking for trouble.

      • Hey that's what i had to do last time.

        It was the third graphics card that finally worked properly. All that wiggly screen stuff i had going on. Mind you that was from MSY - not their fault - probably a bad batch.

        And then i had an old copy of XP & it didn't recognise the new card anyway (had to do that interleaving update crap & produce a new CD).

  • +8

    I got the runsround from CPL last year when ahard drive i bought didnt work.
    I wanted a replacement and it was within 2 weeks and i hadnt dropped it but had picked it up.
    They were very unhelpful and only the threat of hargeback led to them belatedly replacing it.

    The rude response above from CPL is no surprise to me.
    They seem ynaware of Australian law or at least try to bully customers into not enforcing their legal rights.

    Havnt bought fom them since.

    • …i hadnt dropped it but had picked it up.

      I always seem to have to drop something first before i've got any chance of picking it up.

      • +4

        dropped it [from a height] AND had picked it up [from the store] is what he meant ;)

        I was just about to buy something from CPL but luckily came upon this thread. Won't be purchasing from them any more.

        Hope you get this rectified

        • Had not dropped it [from any height] AND had picked it up [from the store] is what he meant.

          I went to University you know.

        • Tell us more about your struggle?

        • +2

          Born into poverty, i knew it would be a struggle to get ahead in life.
          It was tough at first, with setbacks, but my first success finally affirmed in my mind that i was destined for fat things.

          Anyone ever read Richard Branson's autobiography? I couldn't be bothered, even when they thrust it into my hands on flights, but i reckon it would read something like that.

        • I believe it's pronounced Yoonehverhsitay.

        • Now, this is a story all about how
          My life got flipped-turned upside down…

          …I looked at my kingdom
          I was finally there
          To sit on my throne as the Prince of Bel Air

        • " I couldn't be bothered, even when they thrust it into my hands on flights" I luv quoting you freckles…..

        • +1

          I luv quoting you freckles…

          My ego quietly enjoys your gentle strokes…

  • +1

    Fuaaaaaaaaark, that looks like its been thrown during transport, I'd contact Australia Post and put a claim in through them!!

  • +2

    Moral of the story

    -If you know what you are doing, buy the components separately and build the PC yourself.

    -If you don't know what you are doing, go to a bricks and mortar retailer or a manufacturer which sells online and buy the pre-built PC.

  • +1

    Wow, this looks dropped really hard. I would suggest OP have everything in writing and send the unit back. It is CPL's legal obligation to repair/replace or refund the unit under Consumer Protection Laws.

    It doesn't whether it is CPL or AP's fault, OP just needs to know it wasn't his own fault and deal with the seller. It is up to CPL to recover the cost through their own means (eg. Insurance or AP).

    Best of luck OP.

    • +1

      Thanks, mate. I've already contacted CPL today about the replacement for my PC, and have also inquired about getting brand new parts instead of having the parts from my current built placed in a new case. I am currently waiting for their reply.

  • +1

    Are people not aware that ANY item sent through Australia Post may experience multiple falls of up to ~1.5m?

    For this reason my local Australia Post recommend using couriers if the item is susceptible to damage.

    CPL shouldn't be using Australia Post.

  • +2

    ""CPL shouldn't be using Australia Post""

    As someone who has had a computer business and also worked for AustPost I must comment here.

    Firstly… in this instance I sympathise with CPL, not saying that the ops predicament is faked at all, just that I know what some customers try to pull.
    Most customers are ok but there are some out there that try the silliest thing with the product and when it backfires they immediately point the finger at the retailer.
    When you go to the utmost limit to provide customers with a premium product (as I always did) and they resort to underhanded tactics to cover their own failure it becomes very disheartening.
    You do get to a point where you immediately suspect every incident.

    I could not understand why these retailers sell computers and components "mail order" for this very reason. I suppose the only way to get around it is to add a % increase in the price to cover such contingencies.

    As for AustPost… Yes, some employees are rough with the handling of parcels, I have witnessed this, but this happens with all courier businesses.
    With all my mail order receipts I have found that AustPost were the best overall…
    There was a survey done a few years ago where some agency posted a brick and recorded all the info, ie: cost, time to deliver and damage. In that instance AustPost was the winner but it did make interesting reading. One brick was delivered "broken" !!! LOL

    In this instance I hope both parties get the matter sorted and move on. Holding a grudge against a retailer from what may be scant details from a customer is not warranted. If there were repeated instances then that would be understandable.

    In this instance the fact that the carton does not show any impact damage does not support the op. We all know that new comp cases can be damn slippery too so being easy to drop.

    I have learnt now that when expensive items are delivered I get out the camera and take CLEAR shots of the unpacking process. It may even be worthwhile to make a movie of it??
    Doing so not only removes suspicion from the buyer but also gives the retailer believable evidence.

    • +1

      Hi xwyolap,

      I do understand where you're coming from, and CPL does have every right to question my request for a refund or replacement. However, I have been very cooperative with them about all of this, and only wanted the same kind of cooperation from them initially.

      Also, I've purchased many an item sent to me via Aus Post, and have never really had as big a drama as this happen to me before. I have had everything from cameras, to toys for my son, various electronics, etc, sent to me with no issues whatsoever.

      As I was recording the serial numbers of the various parts and components of the computer this morning, upon closer inspection of the box, I did notice a tear, almost a puncture from a rod at the bottom of the box. I did not notice this right away as it is rather small. However, styro foam in the surrounding area has a small dent, which is also not noticeable right away. This slight indentation in the styro foam is also consistent to the damage to the case. I will try to get photos of this as well to make sure that things are clear. Like I've stated before, I am being as transparent as I can about this incident, and will try my best to continue to do so.

      I usually don't bother with recording the unpacking process of various items that I have bought over the years, but I will definitely consider this for future purchases. It is bad enough that I received a DOA computer, but also for others to question my character, as well as be accused of lying and cheating by other users is not something that sits well with me. However, I do understand the skepticism by some users, and I will just have to give everyone as clear a picture as I can of the situation to erase all doubts that the damage to the system was not of my own doing.

      • +2

        Having read through this thread it seems CPL have undertaken to replace the computer and pay shipping both ways. What remains to be seen is if they use new components and not the ones from the damaged PC. That's just sensible business practise, regardless so many are privy to the matter.

        I noticed @lucksmith mentioned a small hole or dent in the cardboard box and styrofoam at the location of the dent in the case - pix would be good. My experience (of many years carrying goods of all sorts in vans and trucks - yes, I'm elderly :) is such that the outer box does not necessarily reflect the inner goods, and cardboard and styrofoam have a certain memory effect (means they can return to their original appearance, or near enough) when the impact site is small. Regardless, that kind of dent doesn't come from dropping a case from hand height to the floor - unless the floor had 'one' small and massive object on it that would make that deep dent (seen in pic 8) and bend the case, which I believe would take more force than merely dropping it.

        If the OP wanted to fabricate evidence all he would have to do is put a hole in the box at the appropriate location and he didn't. He comes across to me as genuine and not the cunning customer that drove @xywolap out of the business.

        That's my evaluation anyway, and with much consideration to buying a PC from afar - not now - for what it's worth. Whatever the cause, good business practise is no blaming and learning from experience. Character is demonstrated by actions, not words.

        So I trust @lucksmith posts back here with the conclusion.

    • +1

      CPL shouldn't be using Australia Post.

      I'd like to retract the last line of my comment, quoted above. It should be more neutral in nature:

      I wouldn't be using Australia Post.

  • +1

    Wow, CPL are douchebags. Help the poor man!

  • +5

    Wow, just finished reading this thread and the one posted in the deals. Took me about an hour, good read!

    Anyway, putting my two cents in, not as part of 'the mob' as some would call it, I would side with the customer with this one. I don't want to rehash most of the arguments in the previous posts so I'll be concise as I can:

    1) Try putting yourself in the customer's shoes in this situation and imagine the frustration and what you will do if you've been told that nothing can be done about a >$1000 faulty product that you've just bought. I'm inclined to believe the OP on this point that it arrived faulty judging from his posts. Of course, this is just my opinion - I could be wrong and OP might have accidentally damaged it himself.

    2) I think this is the more important point, I personally don't like how the CPL rep/s responded to the posts here. Sure, you're frustrated that this got a bit out of hand and with the negative comments about this and you're thinking it's not our fault and most likely the customer's. Bear in mind that most of the people here are siding with the OP because most of us are customers/consumers ourselves.

    Granted that you've already agreed to replace the item "as a gesture of goodwill" to appease the online community here but your frustration and annoyance in doing this is reflecting on your posts. You've already decided to cop the fault, I think you should have made the most of it and made it positive for you by showing that you care for your customers and responded with more humility and less pride. Customer care is oft forgotten in this busy world we live in but matters a lot in the longevity and continued success of a business. There used to be a time when the customer is always right. Now, we have to resort to multiple frustrating correspondence, ACCC or online naming and shaming to get customer support for the products/services that we paid for.

    Again, just my two cents.

    • +1

      Well said …

    • +1

      Wow, just finished reading this thread…
      Anyway, putting my two cents in…

      I managed to do that without reading hardly anything.

      Something about a bunged up PC - that's all i know - and Hollis should get on his bike.

  • Second shittiest company in Australia (Telstra obviously takes the cake)

    Aside from misleading prices that are not inclusive of tax and hugely overpriced shipping costs once you get through this process you are subject to 1.5-2.7% card processing fee. A computer mouse at $42.00 becomes $71.95.

    My real problem came after I had made my order. I was told shipping would have my product delivered in 8-10 days. After several phone calls my package arrived just over a month later. This would have made me angry but not as angry as when I discovered that my order was incomplete. I emailed them and made several more calls and they told me my issue would be resolved,.It then took 6 more emails and multiple phone calls to bring me to now, 2 months later and I do not have my missing part and have been told bluntly that although they promise to ship it out I am not entitled to any refund of my initial overpriced shipping cost and that they will not provide me with any compensation or credit note.

    I am contacting consumer protection and I urge any potential buyers to stay as far away from this company as possible. Literally only defeated in atrocious, unavailable, repetitive line holding, unhelpful customer service and misleading advertising by Telstra.

    • Although an old thread, within the last year I have seen enough negative comments in regards to CPL to know to avoid them like the plague.

      Why a company does not lift it's game especially when dealing within a community like Ozbargain is beyond comprehension.

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