I Bought a Shipping Container, Now The Company Is Trying to Take It Back

Ok, so this is definitely not your normal I ordered one thing and got another.

If anyone knows what the law would be in my specific case, please advise, as my google-fu hasn't turned up anything I think is relevant.

The Situation:

I called and ordered a shipping container to be delivered to my building site. I need it to store fencing materials, tools, blah blah blah.
I agreed on a delivery date with the guy on the phone (Ordered Thursday, to be delivered Monday)
Monday comes around, and it's poured with rain over the weekend, and my building site is mostly clay. I talk with the logistics people and agree to delay delivery till Wednesday.
Tuesday I agree on delivery between 10am and 12pm.
Wednesday, 1pm rolls around, still no container. I ask the logistics folks what is happening, suddenly my container is on it's way.
I go to site, the delivery guy arrives, he unloads the container where I want it (fairly easy access, but up a slope, so impossible in the wet)
Today (Thursday) at about 2pm, I get a phone call from some random from the company I ordered the container from. Says that I was delivered the wrong container, and that a truck is on the way to pick up the container from my place. I politely refuse, as I have already put stuff in the container, have locked it up etc. and I'm on my way to go get my Son from school. He gets antsy, but agrees to delay the driver till a time that suits me. He informs me that I recieved a brand new container, instead of a used one that I ordered.
I call my wife, make alternate arrangements to pickup my son, then drive up to my building site to remove my stuff and locks.
I call the guy back, and tell him he can come get the container, as long as my container is on a truck right behind. He says no, one truck only. There is nowhere for them to unload this extra container, shuffle them all about etc. as access to the site right now is a bit hampered. I ask him - what is the cost difference between the two. Save the hassle of swapping them, give me a good price to keep the better item, if I can afford etc. I'll pay, everyone's happy. He laughs me off, "It's like three times the price"
I tell him, the container is ready, come get it and deliver mine. I tell him, it has to be tonight, as I will have guys working onsite for the next 9 days straight, and access will be impossible. And, I need the bloody thing. I need to move all the stuff in there that is needed over the next week and beyond. He tells me he will sort it, two trucks will come, and it will be done tonight.
It starts to rain.
Truck driver (1 of) calls me to ask where the site is. He is lost. he DOES NOT have my container, just orders to remove the container that was sent to me. I work out how he is lost, give instructions to get to the right place, confirm he has arrived. I assume that he is collecting the container, and the new one will be coming shortly. (4:30pm ish)
5:15. I get a phone call from yet another person at the container supplier. The driver has decided that the access is too hard, it's wet now, and he might get bogged… and so it's not happening now. He then tells me I have to advise them by 8am if they can deliver in the morning. I again explain that I will have people on site tomorrow. There will be no access to the container (tomorrow they are installing 2x 44500l water tanks - they are large) After some back and forth I agree that I will call them by 9am to advise if I can clear the vehicles out of the way.
(remember I said earlier, it's raining - it's still raining)
He then says "Well we might have to wait a week to come get it then"
I politely suggest that this will not work. I need this container, to store everything in, for the workers to use over the coming week. He says "That's fine, use that container, you can remove everything in a week."
At this point, I'm starting to get angry. The fencing materials alone is nearly 3t of stuff. This is a decent acreage block. I can't load that container for just 7 days, then have to unload it all again, then load the next one. Not to mention that I need to bolt all the racks that stuff is going onto down for OHS reasons.

So. What are my rights. Can I tell them, too bad, so sad, I tried to help, but you screwed up, so I'm keeping what I got?
(Thanks if you read this far btw)

—edit—
I should point out - at no stage have they appologised for the mistake, appologised for the inconveinience to me, or offered me any sort of compensation for the hassle

Comments

  • +3

    You wasted far too much time on being nice. I would have stopped after the second day.

    • Auto reject call

  • Sellers (profanity) up, sellers gotta fix it (without inconveniencing you).

    If the item is on private property, I'm unsure if they are legally able to enter and get it.

  • +13

    This was a far more entertaining read (with updates) than I was expecting.

  • +7

    OMG I had this exact same thing happen to me a few years ago.

    Container was delivered, told the driver on the spot it was the wrong container. He said, not it isn't and just dropped it there - like all douchebag truck drivers - he was new and probably didn't have the balls to pickup and load in our location. Even called the company and they said nah it's the right one

    Boys started loading stuff into container.

    Few hours later I get a call saying sorry wrong one, was meant to be for another customer. Told them already been loaded, I could unload, but it would be a big hassle. We were both nice about it, in the end he just said yeah just keep it. It was probably $1k extra? But the hassle would have cost us $600 for the labour and them probably $400 for the transport to bring me mine and deliver the other.

    To be honest sounds like the container company is being real douche and should be much more nice about it, especially service wise. Unfortunately, they have every right to take it back. They have no right to enter your property, but could take you to court. It's the same as them delivering $5000 to you in cash, and then saying sorry, wrong person. They should reimburse you for the costs though if it is a nominal amount and nothing ridiculous, say $500? It's always good to be civil as a human being regardless, we're just all here to get along.

  • +6

    Document in your diary all interactions/communications. As much detail as you can with time, date etc. You may need it in court later.

    • +9

      It's all on here right? I can submit ozbargain forums to the court!

      • +10

        needs MS Paint diagram to be admissible in court

  • As the lawyer advised you, they breached the contract by delivering a different product, you can affirm it by accepting it, its yours, start drilling holes 👍

  • +1

    OP, If you have the paperwork, they can't do jack shit; simples.

  • +1

    Name and shame please

    • +10

      No, I won't do that sorry, at least, not yet. If I ever do have to take this to QCAT or court or something, I don't want them to be able to suggest I slandered them (even though it's not, I know the law in this case)

      • -7

        Pm me?

      • +1

        Do not release the name of the company, not even via PM. Maybe after all of it is sorted.

        • -1

          May I ask why? I have done it in the past

          • +1

            @MagicMushroom: just because you did something, doesn't mean I should do the same thing.

            I will not name the seller. Not on here, or via PM.

            And regardless, what is the chance of any of you ever dealing with the same issue, from the same seller. Virtually none.

  • +15

    So I randomly had the thought last night… (paranoid conspiracy theorist coming right up)… that the reason they are so desperate to get this back, is that they already filled the walls and floors with drugs or something…

    • +4

      You have my full attention now… tell me more

    • That's a thing that actually still happens today. Filling container walls with substances.

      If a container is imported into the country I'm pretty sure theres procedures they do to check that sort of thing but if this container was intended for domestic travel…your theory could be true. Especially with them not wanting you to drill holes or anything.

      I hope you got that camera hooked up.

    • +2

      You would think this being the case they would have sent some bikies in the middle of the night to retrieve said drugs and beat the shit out of anyone who tried to object.

      It’s not drugs.

      • It might be one person and it could be their first time?

    • +1

      What a cliffhanger!

    • When the powder comes out after drilling the holes, you rub it on your gums and make a comment as to its potency. At least I'm pretty sure, if Hollywood is anything to go by.

    • Could be a solid surprise once you drill in to it… White gold!

    • In that case, I think they would've already sent mercenaries over to their package.

    • Why don't you do a knock test? Drill a few holes…

    • Came here to say this. Would not be surprised if there is contraband in this container.

      The reason it's hard to communicate with these people is that no one wants to be directly connected to the container in case the contraband gets discovered.

      Next time there is a CCTV deal on OzB consider setting up a 24/7 camera on it.

  • +6

    Bill them in advance for your day rate at work X however much time you've already invested prior to obtaining the thing back, plus the estimated cost of repacking, add 20% "de- stocking fee" and request a response confirming they are happy with terms or you will consider the container as full and final payment for time already spent dealing with their mistake.

    • You are a jenious sire

  • +2

    sounds like it's dealt with, they originally wanted it, but have given up. Dont overthink this.

    Unless it's a clearly wrong container (i.e. twice the size, custom windows etc). My bet is they've committed to providing a container to another client to be delivered now. Picked on you because they thought they could just delay delivery. unfortunatly you've already started using it.

    Our company does the same thing with good shipping out the door (we have several weeks to fulfill the order, but aim to get it out straight away). It's a queue, but then if something critical happens, then the line can be jumped. Hence the contract is written in a way that gives us ample lead time. IMO it looks like they've tried to do this, but after delivering the goods.

  • -4

    If pay by credit card then ask bank to charge back.

    • +5

      why charge back? he already got his container, in fact, he got something better?

  • This is so fantastic that I would like you to add me to a notification list for any further upcoming events like these or a book release by yourself on your work battles.

    Nice work

    • sign me up too!

  • Shame before they informed it was the wrong container, you didn't place an alternation too it that deemed it not "new" anymore, dare I say like a cut out for a window if you were living in it for example

    I'd just delay them as long as you need it well I'm sure they can not enter your property to take it

  • Step 1: dig post holes fill with concrete and some eyelets for large chains

    Step 2: chain container to ground.

    • Step 3: bring bolt cutters or battery powered disc cutter
      .

      • step 4: charge for trespassing and property damage

        • Step 5: profit!

  • Spray paint the entire side of the shipping container, so they literally cannot take it back and give to another customer. Too bad, you said it was mine, its not up to me to double check youve given me the right product!

  • +3

    check if the walls of the container are hollow

  • FWIW, if you need a trail camera off the shelf, then 4WD SupaCentre and Jaycar both stock trail cameras and are readily available. 4WD SS is MUCH cheaper.

    • thanks. I picked one up today, and am getting a GPS tracker as well.

      better safe than sorry.

  • Question? Did you notice it was brand new when you got it?

    • I didn't recognise that it was new, but I did comment that it was in fantastic condition, far better than I had expected. I just thought I got lucky.

  • Great read

  • Yupz my mobile notifications for this thread has gone crazy lolz

  • +5

    I guess this post will probably wrap this one up.

    Over the weekend we had an inch of rain, and I managed to walk about 4" of clay mud over the floor of this thing while I was loading it. The walls are marked, there are bolt holes in the floor. If someone delivered this to me now, I'd probably be upset at how trashed it is ;)

  • +1

    I know this is a real hassle for you but I can tell you I am thoroughly enjoying this read and I think we are all behind you whatever that means!

  • +4

    So I'm resurrecting this year old post, as I thought some of you might enjoy the latest update on this ongoing saga.

    After my last post above, I honestly didn't ever expect to hear from the company again. However, six or so weeks later I got a call demanding to swap it over again. Would not offer any consideration of my loss of time etc. I told him I was still using it, but that it should be empty in a few months and I would call them once it was and they could swap it over.

    Months roll by, I get held up doing all the work from the materials stored in the container due to some time spent in hospital and all the rain we had last year. I forgot all about it and got fully absorbed in building the house.

    They call again around Christmas, and I tell them I'm still using it. No idea when I'll be done with it.

    Today I received a call from the Sales Manager (I'm pretty sure he was guy #2 in my earlier posts, but he says he hasn't spoken to me previously). He demands the return of the container, and is genuinely surprised when I mentioned what was happening, and that I had previously offered to pay the difference and they wouldn't even give me a price. He doesn't even know if I have hired it or own it. I tell him I would consider paying the difference in cost, minus a consideration of my costs for unpacking/repacking, moving shelving etc. He tells me he will get back to me with a price.

    I receive an email from him stating I had agreed to the change over price and an invoice was being sent. I had not agreed to anything, apart from to consider the offer if it was reasonable. The changeover price quoted is $3520. An email with an invoice follows shortly after.

    My response via email:

    "Thanks for sending over the swap over price, however as per our phone call, that’s not exactly what I was suggesting. I asked for you to make me an offer, minus your expenses for delivering and moving a replacement, and with a consideration of the costs involved to me to empty the container and move all its contents into another container. Your offer clearly does not take any of that into account.

    The price you have quoted is significantly more than I was willing to pay a year ago when I suggested it, so I would not simply consider this option.

    I have a different suggestion for your consideration, however. You can refund me in full for the container, and come take this one away. I will source another container elsewhere to replace it."

    Honestly, at this point I just don't want to ever hear from them again. The container is still in use, but I really don't need the agro.

    His response is… fascinating!

    "That’s what I offered. Unfortunately you cannot buy a 20 foot new build container for under $5800 these days. My Current stock is $6620.

    If I was to deliver a new unit now and swap it out with the old one my cost would be $7214 + GST ( I Have taken out freight and provided a significant discount on the stock which is below cost on current rates ) Minus what you have already paid and that’s where the $3200 figures has come from.

    Unfortunately the container industry has been hit hard with the impacts of Covid and there is a massive crisis in regards to a container shortage.

    Another example would be used containers. You cannot buy a used container for $1800 anymore . The $3200 you would be paying to upgrade is cheaper then most B grade container prices currently in the market

    Further to this If we pick up the container you have had approximately 1 years full use and this will be taken into account in the refund amount. We have offered this outcome previously and even offered to swap the containers straight away and both options were rejected.

    I suggest you do some market research before coming to a decision as you might leave yourself in an unfavourable position. As at this point it would cost you more than $3200 to have the same type of container delivered from elsewhere.

    These are your 2 options."

    So he seems to think that applying current prices to a year old problem is reasonable. I'm going to send back a polite response advising them that I do not intend to accept either of my two options, as it was so delightfully put.

    • +3

      Just tell them you ordered a second hand container, the container you have is now a year old and is now second hand so as far a your concerned you have what you paid for.

    • You should make this story in to a novel. This new episode was great! I'm on the edge of my seat waiting for the next 😍

    • Please for the love of God tell these people where to go.

Login or Join to leave a comment