EVGA MISTAKE WITH CUSTOMS DESCRIPTION CAUSES PROBLEMS

evga gtx 1060 acx 2.0 single fan

Did not take long for our RMA to go awry. Shipping to Canada is arcane and the rules are far from obvious. Mistakes can be very costly,

When anything is sent across the border anywhere, the standard CN22 is affixed to the item. CN22 is an old customs declaration that has been used for many decades worldwide. It is simply a description of the item for customs and possibly taxes depending on the destination.

Apparently EVGA neglected to mark the item as a warranty replacement. Instead it was a generic “Computer Hardware”.

This error exposed us to over $50 Canadian in unnecessary taxes and customs fees. The item was already purchased and taxes paid etc. This shipment is a warranty replacement.

The result is the demand for double taxes and worse which makes the GTX 1060 priced more like the GTX 1080 after the tax collectors are done.

All because EVGA made a mistake on their paperwork. We called EVGA and inquired, then UPS then back to EVGA to get the problem fixed. UPS also sent us their documents showing the fault.

EVGA SHIPPING LABEL TO UPS

Purchase Order Number:03G-P4-6160-KR
Reference Number 3:xxxxxxxxxxxxxxxxxxxxxxxx
Merchandise Description: Computer Hardware

We highlighted in red the error in the EVGA description. We feel it’s important to publish faults so that others can learn from our experiences.

The correct Merchandise Description should be, “Warranty Replacement” so that it is not subject to import duties or taxes. After all it is an RMA replacement.

THE LAW

The equitable remedy of correction of mistakes made in recording agreements. By its nature, rectification is only applicable in the case of written contracts. If the parties agree to rectification, they may correct the mistake by entering into a deed of rectification. It is necessary to apply to court for an order for rectification if either there is a dispute or the parties wish to ensure that rectification has retrospective effect.

UPS

UPS is notorious for very high customs clearance fees which are the highest known. The post office does even charge that and only collect PST and GST taxes when the vendor did not do the paperwork properly.

UNDELIVERED

UPS never did arrive today as expected. Earlier we brought it to their attention of the problem with the paperwork. A little after 5:00 PM, EVGA sent us a message that their supervisory group had updated the shipping information. This message arrive after we closed for the day.

UPS will eventually bring it back in the evening and  attempt delivery tomorrow, Hopefully the problems have been corrected by morning.

NEGLIGENCE

In tort law, this is called simple negligence where EVGA improperly prepared a legally binding document. UPS is obliged to collect taxes on any over $20 in value. We should also mention that the $20 value has not changed in several decades.

Violations of the Canadian border services laws can carry $150 penalty on the first offence and more for subsequent ones.

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