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UPS Damage claim

Old 03-21-2008, 11:33 AM
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RichieP
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Default UPS Damage claim

Hi All,

As some of you probably already know from a thread I started 2 weeks back https://rennlist.com/forums/928-forum/415547-nikasil-nicom-plating.html that I have a claim open with UPS for a damaged shipment. For those of you who don't know I shipped my engine block and pistons to 928M to have US Chrome Nikasil (or Nicom) plate the bores so I could reuse my stock KS pistons. When the block and pistons were returned to me some of the pistons were damaged. UPS came out Thursday (8 days ago) to do a damage inspection. Instead of inspecting the damage on site they took the pistons and packaging material and did an inspection at their facility. They brought the pistons back to me (all floating around loose) in the cardboard box the block was shipped in, not the box the pistons were originally packed in. UPS informed my that the shipper will probably receive a response from UPS on the claim within 24 hours but no later than this past Tuesday. Every time I call UPS they blow me off because I'm not the shipper. I've contacted 928M and I'm told they have no information from UPS. I called UPS to tell them that but they still won't talk to me because I'm not the shipper. I explained to UPS that the block and pistons were mine to begin with and 928M/US Chrome only provide the service to make the block usable with the pistons. I explained that I payed 928M $1400 for the service and $90 to ship it back to me insured. I payed for everything and they still won't talk to me. What's really frustrating is none of this would have happened if my block was shipped back to me in the wooden crate I used to ship it there in the first place. Apparently US Chome misplaced it so 928M shipped back to me in a cardboard box. Any suggestions on what I can do to get this resolved?
Old 03-21-2008, 12:02 PM
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Dan87951
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I filed a claim with UPS on a set of speakers they damaged about 2 years ago! I bought the speakers brandnew and had all the original packaging for them and I sold them on ebay. When the speakers arrived to the new owner it was obvious UPS had dropped them because one corner was crunched and the foam inserts were all broken. To make a long story short I jumped alot of hoops with them and even provided the original dealers receipt of what I paid for them. In the end UPS claimed the package had "insufficient packaging" and never paid out on the claim. I have since given up after a 6 month battle with them. I no longer use UPS for anything!! FedEx on the other hand pays out on there insurance claim and come to find out they are ALOT cheaper than fedex, at least here in Michigan. Good Luck with it! Sucks what happened with you!
Old 03-21-2008, 12:09 PM
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UPS is very slow. You need to get on the horn WITH someone from 928M and BOTH speak to the representative - that takes out the "you aren't the claimant" excuse.

What NEW pistons cost to replace the ones you had, is a start. You will probably not get that, so you then may need to send the required cost for USED pistons. But not until asked.
Old 03-21-2008, 12:16 PM
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RichieP
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Dan - Sorry to hear about your lose. I will not use UPS again either.

I have a funny feeling they will blame it on packaging as well. When the UPS rep called me to explain the claim process she said someting that heavy needs at least 2" of foam all around it to sustain a drop from a certain heigth or it's the shippers responsibility. There was less than a 1/2 of foam between the main box and the box the pistons were in. The thing is dropping the box didn't cause the damage, something spearing thru the side of the main box into the box that contained the piston was the cause.
Old 03-21-2008, 12:27 PM
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erwalker
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I don't know how a UPS bill of lading reads but look at the terms and conditions on the back. See if it states something to the effect that the only shipper can file the claim or if any party recorded on the bill may file. If the terms are not on the BOL or they are not legible, I think UPS should have them on their website. I'm in truck transportation and in our industry either party can usually file the claim, but UPS may have a different policy. If the shipper must file, get on their case to start pushing and let them know that if UPS does not honor the claim due to poor packaging (or whatever reason they might dig up) that you will be holding them (the shipper) responsible as they did not return the parts in the crate you originally shipped them in, which is ultimately the reason why they were delivered damaged. Thinking this through, I would elect to have the shipper do the claim - I would think that no matter what they end up settling on with UPS, the onus will be on them to come up with the difference so that you are not out of pocket. Plus it is a royal PITA to deal with transportation claims.

Also, be sure the shipper actually insured and declared a value on the bill of lading or else UPS might pay the claim based on xx cents per pound, depending on what their terms and conditions say (one more reason to have the shipper file the claim - if the shipper charged you extra for insurance but didn't declare the value on the BOL, the shipper will be SOL). First and foremost though is to determine who can/is filing the claim. If it is the shipper, keep on their backs. If your shipper gives you a rough time, you may need to get legal advice to cover your butt if the replacement/repair value of the goods warrants it. That's the last resort, though. Hopefully it can all be sorted out without too much fuss.

What a pain! Good Luck, Ernie
Old 03-21-2008, 12:31 PM
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RyanPerrella
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Fed-EX lover here!

much better rates then those brown guys, sorry to hear about this problem. I would really question US Chrome for shipping a block in a cardboard box! Goddamn, they should know better then that!
Old 03-21-2008, 12:31 PM
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Dave Sz.
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Last summer I dealt with UPS involving a damaged door that was shipped to me (BMW used part). The SHIPPER has to initiate the claim. UPS gave me the choice of shipping the damaged door to them at their cost to be inspected OR I could take many detailed pictures to be emailed to them. Obviously I did the picture email route.

It took 2-3 weeks after I jumped through all the initial UPS hoops when the shipper emailed me to advise they received a resolution/refund from UPS. The shipper then refunded my money at that point (credited my PayPal acct.).

Bottom line is the SHIPPER has to initiate the claim, the SHIPPER will be in contact with UPS and will receive the refund to be passed on the you after everyone agrees on an amount.

Good Luck
Old 03-21-2008, 12:44 PM
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RichieP
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Thanks for your input. According to UPS the shipper or receiver can file a claim but they will only settle the claim with the shipper which is why they won't talk to me. FYI - It was insured for $3500.
Old 03-21-2008, 12:45 PM
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Dennis Wilson
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UPS is known as the "Drop Gently and Toss Underhanded" freight line around here. I have seen them throwing boxes marked fragile out of their truck on to our dock. There are better parcel sevices out there that don't put stopwatches on their employees.

Concerning the claim, DOT rules state that claims are to be processed to the party that paid the freight bill. i.e. if 928M shipped the material prepaid, they (928M) should credit the consignee (you) and deal with UPS on the credit. Did you take pictures of the damage to the box and provide copies to 928M? Have you researched and provided replacement costs to 928M? It's possible that 928M will have to take a hit on insufficent packaging but 2" of styrofoam would not have stopped the damage from a puncture.

Good luck in this no win (for 928M) situation.

Dennis
Old 03-21-2008, 12:48 PM
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porsche928guy
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We do a lot of shipping with UPS and have found that they will do a lot of things to get around paying a claim. I would be all over 928M to help you out here as the damaged occurred on the shipment from them to you and I wouldn't even begin to talk $ until things get moving along (if they know how expensive this stuff is they might drag their feet even more).

Here is the link to their terms and conditions:
http://www.ups.com/media/en/terms_service_12312007.pdf

The way I see it you are off the hook. Either it is UPS is at fault for the mishandling of the package or 928M is for the improper packaging. If 928M didn't follow the UPS guidelines for packaging then UPS won't honor the claim. Be as nice as you can to both for a while but don't let it drag on too long before getting a lawyer involved. Sometimes a well written letter from a lawyer makes a big difference. Also, document everything in writing and pictures!
Old 03-21-2008, 01:14 PM
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RichieP
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I can get group 0 pistons (which are undersized) for a good price but the block will need to be redone to use them. Group 1 pistons are available for quite a bit more. 928M already has these numbers. As I said in my first thread on Nikasil/Nicom plating one bore needs to be redone (which will be done at no charge to me) but if the other 7 bores need rework because of the pistons I don't know how that will be handled.
Old 03-21-2008, 01:24 PM
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RichieP
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Another concern I have is 928M believes I can reuse the pistons that are not visibly damaged. Another 928 vendor agrees with me that replacing the set is the wise thing to do. Would any of you reuse old the pistons if there is no visible damage?
Old 03-21-2008, 01:30 PM
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NickT
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You have to watch these "UPS stores" They are individually owned. When something is damaged or goes missing, it is between the shipper (the ups store) and UPS themselves.. not you.. Your contract is with the UPS Store and not UPS.... So UPS pays the Store, the store then pays you.. Ripe for scamming.. Went through this myself.. shipped via a store, the store "Lost" the package, never made it to ups.. UPS pays the store for the goods.. the goods magically show up.. The store ships it back you you and they pocket the $$..
Goes on all the time.. I will NEVER NEVER NEVER use them again.
Old 03-21-2008, 02:11 PM
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I saw the pistons, they are a mess! As if a fork lift penetrated the box or something. One has a deep dent and the skirts are broken off, the others have deep gouges. And the ones that don't appear to be damaged, who knows if they don't have a hairline crack that isn't visible? I mean are they still usuable? Can they be checked? What happens at 6000 rpm when one shatters!? Yeah, I think 928M needs to step in here. You can even feel the uneveness in the bore, and 928M is going to take care of that, but the pistons are a big thing too.

Jim
Old 03-21-2008, 02:53 PM
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I use UPS for most larger sized packages and found there service excellent.
I have had 3 claims recently and all were settled in full within a few days.
I do spend a ton of money with them - maybe that makes a difference.
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