Sab

Let's see what UPS will do today...

If they don't come up with a resolution, maybe it is time to unleash the power of Rennlist on the UPS corporate office....

Sab

Dave, could you give me some legal info on this?

3 weeks ago, the director of customer service NA appologized and promised me to take care of me.

I told UPS now that I beleive it is gross negligence on their behalf.
I am loosing entry fees to the second track day / race event.
The car is in the shop awaiting surgery costing daily storage fees.
The only equivalent used tranny may be sold and new one may be upwards of $20k
They have used many hours of my and Colins time
I asked them to pay for the tranny available form a vendor now and ship the remains if found back to Colin.

Are they possibly liable for more then the insured value due to their negligence in this case?

Thanks,
Sab.

ew928

Take the 2 pieces of paper and place flat on table.
When you spin one piece of paper, does the other sheet spin in the
same or opposite direction.

Talk about stringing the customer along.
I do hope that this gets resolved soon.
Ooops better own up and deliver some heavy metal bits (not box of scrap iron) or pay up for all the time/labor damages incurred.

This just sucks.

Dan87951

I have had nothing but problems with UPS as well. Last time I used them was in 2005 when they obviously damaged a brand new set of speakers and refused to pay for them!

erwalker

I don't believe UPS will honour any liability other than the actual cost of the item damaged. Consequential damages (entry fees, lost time, etc.) are normally not covered. Comparison might be to another thread that has been attracting a lot of attention, i.e. the question of parts suppliers being responsible for installation/re-installation labour charges.

Sab

I think any corporation is exposed to liability if their employees act negligent.
But I would love to get one of the legal experts to chime in.

erwalker

I've worked in the truck transportation industry in Canada for more years than I care to admit. I'm not sure if the courts would look at this differently in the U.S. than here, but transportation liability here is limited to direct replacement costs of the goods damaged, and then only if a valuation has been declared at the time of shipment, otherwise it is $2.00 per pound coverage. As far as limitations of liability, each country, state/province has different laws depending on where the shipment was shipped from, destined to, etc. For example, if my company were to damage a critical part being shipped to an oil refinery, we would be liable for the replacement of the part that was damaged, not for the subsequent loss of revenue for the refinery being shut down waiting for the part.
But then a judge looks at a case based on its' merits and might decide to bankrupt us! The law is a strange and unpredictable beast as most lawyers will point out.

Sab

I think that is correct if it is as simple as attempted to ship, lost part, communicated and reimbursed timely.

But carelessly damaged parts by rolling them down a staircase, waiting a week to respond to an inquiry, ignoring request to inspect and repair, shipping back a few worthless papers instead of a 150lbs transmission, screwing up customs clearance, loosing actual damaged goods, ignoring an offer to rectify problem...
Maybe looked upon differently... but again, hoping to hear from one of the attorneys out there...

Dennis Wilson

In the US, small parcel shipments from UPS are insured up to $100 at no charge. If a higher value is declared an insurance charge comes into play. On LTL shipments the is no maximum and the carrier is responsible for replacement value or the invoiced amount plus the freight charge.

Dennis

The_Remora

Oh thats good

McLovin

Thats horrible Sab. I hope you get this resolved soon.

I really like your paint job. Please post some more pics of that.

Airflite40

reading this makes me nervous...... I have a 944 trans en route to me shipped via fedex.....

Lizard928

Well UPS is paying Sab out the full insured amount and shipping the tranny back to me as they have found it and it is still sitting in florida!

They have guarenteed that it will be expidited and returned via air.

Sab

I got confirmation email from UPS corporate that a check request is in the accounting department and will be mailed to me in a week.
This was a major abortion, but UPS corporate came through for us and made good on their promise to make this major mishap right.

Airflite40

so how much was the trans insured for? the purchase price??