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DPChallenge Forums >> General Discussion >> UPS Lost My Lens, Claims not Responsible?
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07/07/2007 10:42:52 AM · #1
I am so angry right now.

I just got a letter from UPS saying that the

"the contents contained in the package described (you sent) were damaged. e regret any inconvenience this may have caused your consignee.

The parcel was found empty and the carton was discarded.

We have determined that insufficient packaging was used for this shipment. * the packaging was not sufficient to protect the merchandise"

UPS is not liable or responsible for loss or damage to any package resulting from inadequate packaging."

Well since they destroyed it, and threw away the evidence, how am I supposed to refute this? The lens was double boxed (in original box inside larger box, with lots of airbag padding.

It's not a big expensive lens, but they claim I didn't buy extra insurance (but I thought everything under $100 was covered automatically), so I am just out of luck?

Any advice?
07/07/2007 10:48:55 AM · #2
IMO you are getting HOSED. If they can't show you the lens, how do you know someone at UPS didn't open it and rip you off? I would demand the broken lens or payment. (good luck with this).

Kenny
07/07/2007 10:49:56 AM · #3
I hate UPS! The first $100 should be covered, but they always try to use the excuse of inadequate packaging. It might be hard for an individual to find someone who cares (my company has a rep that we can go to), but I would start out polite yet firm with a supervisor. It is amazing the stuff they get away with--both in package care and billing.
07/07/2007 10:54:17 AM · #4
The shipper is allowed to file a claim with UPS. Period. I would start by contacting the main hub and talking to a manager (nicely) explaining the problem. (AND DOCUMENT EVERYTHING!!!) I'm betting this isn't the first instance. If you get nowhere...go a little higher than the "locals". Last resort, contact:

Write to UPS at:
UPS Corporate Headquarters
55 Glenlake Parkway, NE
Atlanta , GA 30328
United States

I hate UPS just because they always damage stuff and MOST (not all)of the drivers don't care.

Edit for spelling.

Message edited by author 2007-07-07 10:56:13.
07/07/2007 10:57:54 AM · #5
At least I opened a new account with them and charged the shipping ($9) to the account. They certainly aren't going to see that $9 paid.

It seems that it should be covered by their default insurance...otherwise, what does "no charge" below mean. And if it's not insurance, what is it exactly they didn't charge me for?

Package Type: Your Packaging
Dimensions: 10 x 7 x 5 in.
Actual Weight: 1.0 lbs
Billable Weight: 1.0 lbs
Declared Value Amount: 50.00 USD . . . . . . . . . . . . . . . . . . No Charge

07/07/2007 10:58:36 AM · #6
Have an attorney friend? Send them a nice note on a lawyer's letterhead. ;-)
07/07/2007 10:59:36 AM · #7
This is also interesting...the package seemed to make it all the way to delivery:

ANDERSON,
CA, US 07/02/2007 1:46 P.M. MERCHANDISE IS MISSING. UPS WILL NOTIFY THE SENDER WITH ADDITIONAL DETAILS.;ALL MERCHANDISE MISSING, EMPTY CARTON WAS DISCARDED. UPS WILL NOTIFY THE SENDER WITH DETAILS OF THE DAMAGE
07/02/2007 5:15 A.M. OUT FOR DELIVERY
07/02/2007 3:00 A.M. ARRIVAL SCAN
WEST SACRAMENTO,
CA, US 06/30/2007 4:49 A.M. DEPARTURE SCAN
06/30/2007 3:48 A.M. ARRIVAL SCAN
SAN PABLO,
CA, US 06/30/2007 1:05 A.M. DEPARTURE SCAN
SAN PABLO,
CA, US 06/29/2007 3:45 P.M. ARRIVAL SCAN
HODGKINS,
IL, US 06/27/2007 10:03 A.M. DEPARTURE SCAN
06/27/2007 4:41 A.M. ARRIVAL SCAN
HODGKINS,
IN, US 06/27/2007 3:58 A.M. DEPARTURE SCAN
06/27/2007 2:55 A.M. ARRIVAL SCAN
BUFFALO,
NY, US 06/26/2007 9:24 A.M. DEPARTURE SCAN
06/26/2007 7:46 A.M. ARRIVAL SCAN
E. SYRACUSE,
NY, US 06/26/2007 3:06 A.M. DEPARTURE SCAN
06/26/2007 1:46 A.M. ARRIVAL SCAN
COLONIE, LATHAM,
NY, US 06/25/2007 9:32 P.M. DEPARTURE SCAN
06/25/2007 8:06 P.M. ORIGIN SCAN
US 06/22/2007 3:21 P.M. BILLING INFORMATION RECEIVED
07/07/2007 11:20:34 AM · #8
Oh, now that changes everything. Did you use an internet label or was it shipped from a UPS store? The store will be the "sender of record" so to speak, as they took it in for shipment. They would be the one to handle (per the UPS store here). Contact the UPS store you shipped from, tell them what happened and let them get involved. You ARE covered according to the folks I spoke with. (The fact that it was scanned that many times with no issue, sounded fishy to them.) And based on what you described, your packing was sufficient and the store you dropped off at or the "pick-up" went to should have confirmed this.

If you can't get any resolution, the 800-PICK-UPS is the catch all number. I love researching this kind of stuff, lol. Let me know what happens.
07/07/2007 11:55:39 AM · #9
Thanks. I did the billing/payment online and dropped it off at the ups store. I let them weigh it and scan it and give me a receipt as well. Hopefully, it will get resolved. What else is insurance for if you can't use it!
07/07/2007 12:15:04 PM · #10
Originally posted by nshapiro:


07/02/2007 5:15 A.M. OUT FOR DELIVERY


Sounds like it's the driver or the person/persons who loaded the delivery truck.
07/07/2007 12:15:33 PM · #11
The store that gave you the receipt is the store that should be helping you!
07/07/2007 12:18:28 PM · #12
Originally posted by nshapiro:


"the contents contained in the package described (you sent) were damaged. e regret any inconvenience this may have caused your consignee.

The parcel was found empty and the carton was discarded.

We have determined that insufficient packaging was used for this shipment. * the packaging was not sufficient to protect the merchandise"

UPS is not liable or responsible for loss or damage to any package resulting from inadequate packaging."

Well since they destroyed it, and threw away the evidence, how am I supposed to refute this?


In small claims court, they've already lost the case with the above conflicting information. Whoever shipped this package should sue them for replacement costs. (I'm not a lawyer, but did stay at a Holiday Inn last week)
07/07/2007 12:44:08 PM · #13
Originally posted by nshapiro:

Thanks. I did the billing/payment online and dropped it off at the ups store. I let them weigh it and scan it and give me a receipt as well. Hopefully, it will get resolved. What else is insurance for if you can't use it!


If it was not packed correctly would the ups store have not mentioned this? I think you have them by the nads! Squeeze them, dont let them get away with it!

Mike
07/07/2007 01:08:28 PM · #14
Did you tender the package at a UPS location or at a UPS Store?

~Terry
07/07/2007 01:32:30 PM · #15
Originally posted by ClubJuggle:

Did you tender the package at a UPS location or at a UPS Store?

~Terry


I set up the label online, and then brought it to the UPS store, where they weighed it, scanned it, and gave me a receipt.
07/07/2007 01:36:08 PM · #16
Insufficient packaging would result in the contents being damaged (but still delivered). A package ripped open with the contents removed after it's on the truck for delivery is plain theft, and UPS should certainly be responsible.
07/07/2007 01:43:33 PM · #17
Sorry for your troubles, Neil. Sounds like you've got a good case against the first UPS store. When they accepted the package, they also implicitly assumed responsibility for the packaging being acceptable.
07/07/2007 01:48:49 PM · #18
I have a co-worker that used to work for UPS.... I'll contact her when I get to work today and see if she has any input :)
07/07/2007 01:51:33 PM · #19
So in light of the store involvement, what's the best recourse? Going to the store? Calling 1-800 and asking for a manager?

Anyone been through this before?
07/07/2007 01:51:53 PM · #20
Originally posted by Sunniee:

I have a co-worker that used to work for UPS.... I'll contact her when I get to work today and see if she has any input :)


Thanks.
07/07/2007 02:04:10 PM · #21
Originally posted by nshapiro:

So in light of the store involvement, what's the best recourse? Going to the store? Calling 1-800 and asking for a manager?

Anyone been through this before?

I haven't been through it before, but I work for FedEx and know the system pretty well. Although, UPS does do things differently. What I would do is demand to see the improper packaging. They will say it was thrown away. But, the burden of proof is on them to show you did something wrong. Try their customer service line first. Be courteous and polite, works wonders. As long as you state your case in a professional manner, you'll get better results. The biggest thing in your favor is the fact that you dropped off the package at the UPS Store. Had it not been packaged properly, they would/should have said something on the spot.

At FedEx, we would have NEVER been thrown away the package and pictures would have been taken as backup, until the dispute was resolved. Also, the drivers load their own trucks. So, if the package was empty, the driver would have never loaded it on. At UPS, they have loaders that load the trucks very early in the morning, so the drivers don't see the packages until it's time to deliver them.
07/07/2007 02:52:11 PM · #22
I used to manage a large paint warehouse and we shipped paint in bullet proof packages and UPS found ways to get them opened...lol, anytime they damaged a package the lack of proper packaging was the excuse they used. We ussually were able to get claims paid after a little hassle and proof on our part. I recomend getting a hold of a UPS rep and explaining what has happened and tell them it was packed properly and you would like them to either produce the package for your inspection or pay the claim. Don't take no for an answer, if they can not show you the package and prove it was not packaged properly then they are at fault and should pay. Normally if you get the rep involved and discuss it nicely they can get it taken care of, remember the declared value is all they would be liable for. Good luck!
07/07/2007 03:07:45 PM · #23
If all else fails and negotiations break down:

' . substr('//i25.photobucket.com/albums/c63/humphouse/smileys/kick.gif', strrpos('//i25.photobucket.com/albums/c63/humphouse/smileys/kick.gif', '/') + 1) . '

Nothing gets solved, but ya come out feeling better.
07/07/2007 03:12:10 PM · #24
Since I had the shipping put on my account and it is not paid, would I be legally responsible to pay that in either case?
07/07/2007 03:14:22 PM · #25
I suppose if you didn't pay, then they would have NO responsibility for your claim.
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