I bought two chairs and they were shipped to me by a well-known international shipper. Of the two shipping boxes one box had exterior damage. I opened the box at the point of damage and did not see a problem. I signed the receipt and the driver left.
When I opened it up further I noticed damage that was not readily apparent. I reported this within minutes to the shipping company through appropriate channels with appropriate forms.
My problem is they only want to reimburse me for half of the value and let me keep the damaged goods. I want an undamaged chair if you can believe that. I want full reimbursement and they can have the chair they damaged. What recourse do I have? What should I do? If all else fails is Small Claims Court an option?
The shipper is claiming that ‘It is the legal obligation of the claimant to make an effort to minimize the damages and render the effect of the damages as light as possible.’ I contend that the chair can’t be repaired. I want an undamaged chair, is that wrong? Do I have a claim?
For background: the chairs cost $700 each. They are Le Corbusier Petit Confort if you know what that is. Actually you do, you just don’t realize it. Anyway, they are exposed polished stainless steel frames with leather cushions. The leather on one cushion is permanently creased. One of the steel arms (1" diameter, heavy gauge) is noticably (from the side, not the top) bent in the middle and at either end where it wraps around the front and back at a right angle. Neither the leather or the steel can be repaired. They were shipped from California to Iowa.
