I insured a CD player that I shipped UPS and it arrived damaged. UPS picked it up from the buyer and I refunded his money. They denied the claim as they always do saying it was improperly packed and returned the player to me. I went to my local courthouse and filed a lawsuit against UPS for the insured amount, which was full retail value and about 2 months later a couple of days before the hearing date I received a check. |
They paid me quickly, but it was a case of it never getting to its destination. So it was lost or stolen their possession. |
I shipped a pair of cary slm-100 monos. One got crushed by ups. They were insured and ups payed to have the one crushed replaced. The serial numbers were off, but the chrome was perfect!
It may have helped that Kirk at cary made the claim, or should I say helped persuade ups. when he recieved the damaged amp, he was alot of help. |
I did collect from FedEx Ground once, but as in Sugarbrie's case, only because it was either lost or stolen while in their possession.
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Ejlif, I'm curious. Did you file your lawsuit in a Small Claims court, or some other court?
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I have collected on every claim that i have made and learned a LOT about how these work along the way. Some have been resolved in as little as two weeks, others have taken almost a year. I currently have one in "litigation" with Fed Ex that is going on 6 months now.
I have to share one "disaster" that happened to me with UPS. I purchased two pieces from a gentleman in California. These were going to be for a friends system that i was building him. The seller packed them in the original boxes and sent them on their way to me here in Chicago. When they showed up, one box looked beat to hell ( power amp ) while the other one ( preamp ) looked good. As it turns out, the amp looked and performed fine but the preamp, the one with the "still pretty" box, was DOA. It did power up but just wouldn't pass any signal. The seller filed a claim and was completely co-operative in trying to get this resolved.
UPS picked up the package for inspection as they normally would. They took it back to their claims center for inspection. Since they have no way of verifying performance on every type of electrical device known to man, they basically assume that if it still lights up and was not run-over by a steam roller, it still works. As such, they denied the claim and returned the package to the seller in California. After quite a bit of a hassle, they finally sent out claim forms so that we could get an estimate of repair. Since it was my merchandise, the seller signed a waiver forwarding all rights to any claims over to me and re-shipped the preamp. Upon its' arrival, i was going to get an estimate and then submit that to UPS. Here's where it gets screwy.
Upon the return trip to me, UPS somehow lost the already damaged preamp. We then had to file a claim on this, making two claims on the same component on two different trips. Needless to say, i was not happy and neither was the seller. UPS gave us both the run-around and said that they were looking for the package.
After a LONG time of not hearing anything, i contacted the seller to see if he had heard anything from UPS. He told me that they had notified him that they had found the preamp and asked if i had gotten it. Of course, i had never received it. He had told UPS that it was my property and they should return it to me. He had just assumed that i had gotten it and everything regarding the damage claim was worked out on my end. After all, i had no reason to contact him since he had already signed a waiver and forwarded all of the paperwork over to me.
Upon further investigation with UPS as to where the preamp ended up at, they took it and sold it at a UPS damaged goods auction !!! Needless to say, i now had an open and shut case against them. All told, they ended up paying me for both insurance claims and refunding my money on both shipping charges. While some might say that it was not worth all of the hassle and headache, i ended up doubling my money in the long run. Long run it was, as this one took almost exactly one year !!!
On another occasion that took almost a year, the original shipping clerk had screwed up on the insurance amount. One piece out of a multiple box shipment was physically damaged but was still fully functional. Due to the way that she entered the insurance value at the time of shipment, i ended up getting THREE TIMES the amount of money that i paid for this unit ( which was the most expensive out of the four ). Needless to say, UPS ended up paying for all four of the pieces that i bought AND left me with a unit that still worked fine ( but was kinda ugly ). I can live with those kind of "damages" : ) Sean
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I started writing a response & wound up with a 10 minute letter, so in short yes, I've been satisfactorily paid for my UPS claims. |
UPS - I bought two sets of cables from different sellers here at Audigon. Both agreed to ship COD / UPS. Both arrived the same day and I give the money orders to the driver. Next are calls from the sellers asking about payment. Turns out UPS lost both money orders. Their solution? Threaten me. I had to pay them again. I had to help find out what happened. I had to get them the serial numbers of the money orders. The more they threatened the more I told them to go to hell. After I told their lawyers I would sue them if they didn't leave me alone they stopped. Bad experience.
FedEx - Sold a preamp to someone on Audigon. When it arrives he tells me the box shows damage and one channel won't work. Gets a repair estimate. He reports the damage to FedEx. FedEx sends me the check, as shipper, I endorse it and send it to the buyer. Good experience.
Pilot Air - I bought a set of speakers in NYC and had them shipped by air freight by Pilot. Pilot actually sends them by truck and someplace in route smashed one of the crates destroying the speaker cabinet. Claim made, claim denied, suit filed. I ask them to pay for the damage. They accuse me of fraud. Finally, we go through court ordered mediation. The panel makes a recommendation to settle which I can live with. I accept. I find out they accepted. Under the court rule, the case is over, settled for the recommended figure. Now their lawyer tells me they don't want to pay because they thought I would turn down the award. If they knew I would have accepted they would have rejected. I guess I tricked them. Now I'm told the check is in the mail. Almost exactly one year. Horrible experience.
Some companies behave well and others don't. I try to avoid dealing with the ones that aren't. |
I once shipped a painting to a buyer via UPS. It was double-boxed and otherwise packaged exactly in accordance with UPS recommendations. When it was delivered, the box had been pierced through-and-through by some object perhaps 4cm in diameter. Buyer refused delivery and (praise God) took polaroids of the damage. Then began the saga. UPS insisted that the package be held for their inspection. Claim denied: "improper packaging." Denial appealed. UPS then produced photos of a bogus box, claiming that it was the one used for shipping. I contacted the buyer who provided his polaroids. God love the man, he had included the delivery man in the photo. I threatened UPS with a call to the DA regarding criminal fraud. Got personal phone call from "senior VP" at UPS telling me that it was all a horrible mistake and, oh, by the way, would I mind just sending back the bogus photos sent to me "in error." Check arrived by overnight delivery. Case closed.
There is no level of sleaze to which these jokers will not stoop.
Will |
One way to make collecting on a claim if you are the buyer is to have the seller make you the shipper, that way you are more able to control the claim process. |
Over the years, I have had two items damaged in shipment, both were speakers; one pair was shipped by UPS, the other was shipped by Fed Ex. The damage was cosmetic in both cases (corners dented no doubt from dropping a box on end). I had purchased shipping insurance for full replacement value on both shipments. Before boxing the speakers up for shipment, I had a friend/witness carefully inspect the speakers and test their functioning. I also took pictures of the condition of each speaker (all sides) and packaged them carefully (which I also documented with photos). Finally, when I took the boxed-up speakers to the shipper, I asked the shipping clerk to inspect the boxes to ensure the packaging was satisfactory from their perspective. The FedEx clerk said the packaging was fine; the UPS clerk asked me to open my speaker boxes (which I did) and instructed me to add some additional styro-peanuts on top of the factory packaging (which I also did). I made note of each clerk's name and what they said about my packaging.
When the speakers arrived damaged, I had in hand irrefutable photographic evidence and a sworn statement from a credible witness, as well as assurance from the shipping clerks that my packaging was acceptable. I documented all of this in my claim statement. In both cases, the claims were settled immediately (checks sent to buyer/receiver within about 2 weeks). Thus, my experiences filing an insurance claim with UPS and FedEx were both positive, and I have continued to use both shippers without incident.
Bottom line: We live in a world where some people try to cheat the system by filing false insurance claims; if you can show your shipper that you aren't one of these people, the shipper is much more likely to resolve your claim quickly and favorably. You can do this by carefully documenting the pre-shipment condition (cosmetic and functional) of any fragile item you will be shipping, and then having the shipping clerk inspect/approve your packaging and contents. Damage happens; claim rejections don't have to. Don |
Three claims, and three successful collections within 6 weeks of the claim, from FedEx Ground. But you MUST follow through, fax and refax because they always lose your first 2 claim forms, make phone calls to Claims Service to check on status, write and fax again, and finally you get your check. At least I did, but it's frightening. First two claims were for damaged items; last claim was for speakers apparently stolen from buyer's doorstep where driver left them without a signature. |
In short, I had a terrible time collecting from UPS on an amp that was fully insured but arrived DOA. They had even inspected it at the UPS drop-off center. I now use FedEx ground as much as possible. Fed Ex also gets the COD check back to you in one or two days. For UPS it takes between 10 days and forever to get the check. |
I don't understand how UPS can have the audacity to tell the shipper that they won't honor the insurance paid for the goods being shipped because the packaged were prepared by the sender and not UPS. If UPS won't honor the insurance, they shouldn't accept the package or the amount being paid for the insurance.
I think everyone who gets the run-around when they deny your rights to claim when your product is damaged via UPS delivery, you should take them to court right away. I really want to see UPS pay through the nose in punitive damages. |
I had a custom piece of furniture built, when completed the manufacturer suggested Watkins motor freight.
Crate arrived at Watkins warehouse, whereupon they phoned me for delivery instructions. I ask if I may pick up and answered yes.
Upon inspection, I see one corner is damaged, I ask to open the crate to verify goods are not damaged. Permission denied.
I ask the clerk to write on my invoice that corner is damaged and I was refused viewing rights. Upon arrival at my home the goods are damaged at the spot the crate is crushed.
Polaroids of all, and claim filed. Watkins refuses, says good damaged between their terminal and my home. I file suit in small claims court.
Judge awards me as I was refused inspection. He says next time if shipper wants to prove damage occurred between terminal and buyers home, both parties should have the right of inspection, especially when the crate is damaged.
The lesson is get it in writhing. Even then, documentation by Polaroids and Judges rule may be necessary to put things right. |
If you recall my McIntosh 2102 was lost/stolen in shipment. On a whim I contacted McIntosh to see it they had some kind of theft registry.
Lo and behold I got a call from McIntosh and they said THEY had it!!! Fedex lost the shipping packet... so they shipped it to McIntosh , where it has been sitting for several weeks, not knowing why it was there, until they got my e-mail.
Case closed... just waiting for it to be sent to me from them! :-) |
