posted on July 22, 2005 10:33:04 PM new
A carrier is allowed to sublet claims adjusting to a third party adjusting service, such as Brown Bros., etc. If the word "insurance" was ever mentioned in any correspondence, and she can document it, she has recourse against UPS, free of charge, courtesy of the state of California.
A $75.00 solid state device will always blow first to protect a 25 cent fuse ~ Murphy's Law
posted on July 23, 2005 04:35:31 AM new
Dixielou: your phrase abut 3rd party isnt necessarily wrong - especially in the light of some of the advice/information given you...
---------------
EXAMPLE.......
[1] " disregard all other suggestions offered so far except that of Sanmar where Nancy should consider using FedEx instead of UPS."
....since the loss/insurance coverage is at heart of your[Nancy's] problem, the following is relevant information...
... here's a quote per FedEx's Tariff Section:: " FEDEX GROUND DOES NOT PROVIDE INSURANCE COVERAGE OF ANY KIND."
... how would Nancy be feeling about this time?
...the below url covers FEDX's entire policy and is worth reading!
http://www.fedex.com/us/services/terms/popup_tc_groundtariff_topmenu.html
-----------------------------------------------------------------------------
[2] "there is absolutely no third party insuror," etc...
..the UPS underwriter is: Capital Insurance Agency... any claim exceeding the basic "UPS included" coverage must clear thru this agency...i wont conjecture on meaning of third party insuror as used here... the OP states that UPS referred the claim to their insurance company - there is insurance coverage involved - UPS does in fact have insurance coverage...
c/pasted from UPS site:
Insurance is offered through UPS Capital Insurance Agency, Inc., and through the following licensed agency affiliates: UPS Capital Insurance Agency, Inc. of California in California; UPS Capital Insurance Agency, Inc. of Massachusetts in Massachusetts; and UPS Capital Insurance Agency, Inc. of Nevada in Nevada and Louisiana. UPS Capital Insurance Agency, Inc. and its affiliates are companies of UPS Capital Corporation. UPS Capital Insurance Agency, Inc. and its licensed affiliates reserve the right to change or cancel the program at anytime. The insurance program is governed by the terms, conditions, limitations and exclusions set forth in the applicable insurance policy. This does not in any way alter, supplement or amend the provisions of the insurance policy and is intended only as a brief summary of the program. Coverage is not available in all areas.
end c/paste..
...again, i wont guess about someone's use of phrase, "third party insuror," or "contracted with, etc."
the only point is UPS does have an underwriter...THEY DO HAVE INSURANCE COVERAGE...
----------------------------------------------------------
"Nancy will not get a dime from UPS.."
...true, if the shipment did not meet UPS simplistic packing guidelines. false, if Nancy can disprove the claim. again, false, if the innuendo is that UPS wont, "dont" pay claims...
-------------------
mot
posted on July 23, 2005 05:24:42 AM new
Since Ebay and the weekend warriors start playing retailer and call everything old and vintage
'ANTIQUES',the carriers have seen more than their fair share of poor packaging and fragile items which should not be transported from one place to another.
You can have a piece of junk which is falling apart but then it is packed according to guideline,should the carrier be responsible for breakage in transit,should the carrier reimburse the seller?
Someone posted recently a vintage item shipped via USPS was denied after two postal inspectors decided it met USPS packing guideline,so USPS is not to blame!!
Many used PC and electronic goods sold on Ebay were denied claims,just because they are insured means nothing.
-sig file -------
Eat grass,kick ass,never go belly up!
posted on July 24, 2005 06:23:45 AM new
My suggestion would be to contact the insurance commissioner for the state in which is was shipped and file a complaint. The insurance commissioner regulates whether the insurance company can sell in that particular state. If there have been enough complaints, they could lose their license and ability to sell in that state. That may back them into a corner and force them to review the claim and approve it.
posted on July 24, 2005 07:20:39 AM new
Since we still don't know all the details of this transaction; i.e. how was it really packed (crated in wood?, boxed, both?), are there photos of the damaged container (?), was there any kind of outside damage to the container?, what kind of outlet was it shipped from, what kind of damage (broken glass? bashed in wood?) it seems we're idly speculating on suggested actions.
Perhaps this serves as a reminder NOT to ship furniture or larger/fragile items other than through a specialist who packs, insures and delivers with the customer making arrangements and taking responsibility for the process.
Again, read the terms of the shipper you use.
I do understand that in tight times, a seller will sometimes bend over backwards just to make a sale. "Sure I can take care of shipping ..." In this case, it sounds like it unfortunately backfired.
posted on July 24, 2005 07:42:44 AM new
true,we dont know much details of the item-how big is it,what is the condition and how is it packed and what is meant by 'very repairable' by third party repairer??
we are just hearing from a friend who is trying to get our opinions of this matter.
We do know the customer no longer wants it and has filed chargeback,which means he is serious about not wanting it and yet this item is sitting in his home??
UPS is just a one driver show,I would not want UPS to ship large fragile items such as antiques.
-sig file -------
Eat grass,kick ass,never go belly up!
posted on July 24, 2005 06:19:04 PM new
Let us all hope that this piece of furniture does not fall over on a child, or its removal from the premises where it now sits does not cause any damage, because we all will be able to start another thread with our opinions on liability.
posted on July 24, 2005 07:52:25 PM new
"And dump the credit card thing. Why in the hell would she want to deal with someone who doesn't have enough in the bank to pay for their purchase? They could just as easily have transferred funds from their Visa to their checking account, and have written a chech or purchased a cashier's check."
Definitely continue to accept credit cards. I would NEVER buy something out of state with a check that had to be shipped and there are many like me. What recourse do you have if the person doesn't ship it? Go back to their state and sue them? People don't use cc because the money isn't available, lots of people use them because of the various rebates, additional airline miles, etc.
