FEDEX Claim Help

JerryM · « **Reply #40 on:** 8 Oct 2016, 03:52 pm »

Quote from: nik.d on 8 Oct 2016, 03:15 pm

Please Jerry, don't mix things.
One thing is trade contract and another one is transport contract.
They have nothing to do with each other.

I'm not confusing anything. Did you read the FedEx Term I pasted?

The OP needs to prove actual damages. The actual damages are related to the "trade" contract made with the intended recipient, and damages will most likely be limited to the refund amount issued to the intended recipient. These damages were caused by the failure of the "transport" contract. Capiche?

nik.d · « **Reply #41 on:** 8 Oct 2016, 04:11 pm »

No, non capiche e non corretto

Say I'm returning my son's TV to my son's address. There's no 'trade contract' between me and my son. Or friend or call it 'Mr. X'. Transport company is
acting as freight forwarder and I don't care if they rented truck/train/airplane or they own one. Nor that delivery boy is regular employee or seasonal worker.
"Misplaced delivery'". That means I can freely turn next corner (when you can't see me anymore) and take your package home?
What actual damage, no damage at all. They delivered package to wrong person on wrong address and there is written proof of it.
They made mistake and that's the point.

Bizarroterl · « **Reply #42 on:** 8 Oct 2016, 04:24 pm »

I would think the agreement is between the shipper (he who pays) and the carrier. The recipient has nothing to do with it.

nik.d · « **Reply #43 on:** 8 Oct 2016, 04:37 pm »

Exactly. And you received waybill as proof of agreement. It is true that any carrier limits their liability up to the amount they
received for carriage however they are also acting as freight forwarders since this is full logistics service 'door to door'.

JerryM · « **Reply #44 on:** 8 Oct 2016, 04:39 pm »

Quote from: nik.d on 8 Oct 2016, 04:11 pm

No, non capiche...

Noted.

mlundy57 · « **Reply #45 on:** 8 Oct 2016, 07:59 pm »

The OP's speakers were not damaged. They were deiveried to the wrong address and FedEx was not able to recover them

thunderbrick · « **Reply #46 on:** 9 Oct 2016, 12:10 am »

So, basically, FedEx lost them.

mlundy57 · « **Reply #47 on:** 9 Oct 2016, 01:01 am »

Quote from: thunderbrick on 9 Oct 2016, 12:10 am

So, basically, FedEx lost them.

Yep. They are clearly and totally in the wrong yet refuse to make good. Looks like I need to find another shipper.

Anybody know of a shipper that stands behind their service?

JerryM · « **Reply #48 on:** 9 Oct 2016, 02:23 am »

Quote from: mlundy57 on 8 Oct 2016, 07:59 pm

The OP's speakers were not damaged. They were deiveried to the wrong address and FedEx was not able to recover them

Correct. Thus *damages*.

nik.d · « **Reply #49 on:** 9 Oct 2016, 04:09 am »

Pardon me Jerry, I'm not from English spoken aria however spent ~30 years in intl. shipping.
In this case, more proper term would be "Loss" or "Total Loss".

Brgds,
George

Bizarroterl · « **Reply #50 on:** 9 Oct 2016, 02:03 pm »

Quote from: mlundy57 on 9 Oct 2016, 01:01 am

Yep. They are clearly and totally in the wrong yet refuse to make good. Looks like I need to find another shipper.

Anybody know of a shipper that stands behind their service?

I suspect that you'll see similar results with any carrier. I've heard the same stories with UPS, DHL, etc. When I was in college I sold stereo systems (quite a while back) and ~25% of the shipments were "lost". UPS always paid, but they always tried to find an out. My feeling was that the claims department was instructed to minimize payments for claims, so initial denial was a way to weed out the weak ones.

You'll always find someone who "always had good luck with carrier X". That is, until something goes wrong. ;(

The only protection you have is full documentation, ensuring the packaging is bulletproof (w/pics), and persistence.

I.Greyhound Fan · « **Reply #51 on:** 9 Oct 2016, 05:50 pm »

Take them to small claims court. They will loose and you will get your money. It is fairly simple to go to small claims. Just check the state statues for your state. You can find it on line. They will have to send a lawyer and will probably settle without going to court because it will be cheaper. You do not need a lawyer for small claims.

FullRangeMan · « **Reply #52 on:** 10 Oct 2016, 01:25 pm »

+1

Lawyers are expensive everywhere.
Big co. have several lawyers in the legal dep.

Philistine · « **Reply #53 on:** 10 Oct 2016, 02:38 pm »

Thanks for all the feedback.

For me it's simple: I paid them to do a job and entrusted my goods to them, they lost it - admitted they lost it and then requested (by email) that I submit a claim form. I've shipped quite a few pcs of gear with my local Fedex store and they're helpful and friendly. I've put Fedex on 10 days notice that I'm going to seek compensation through the legal system if they don't compensate me in full - this is a requirement that the court system in Pennsylvania has, I've used the local magistrate courts before and familiar with the process. They get a copy of the claim and either have to pay the claim (and court cost) in full or appear in court. As I handed the goods, and payment, to my local office they will be on the documents as defendants. I have updated the local office, they're as surprised as I am that they haven't paid up, and have ordered to get involved - I'll take up their offer, if they can help get the compensation without going down the legal path then so much the better, if they're unsuccessful then at least I've behaved in good faith.

I valued the items based on their Audiogon recent used sale price, but will use the higher new purchase price on the claim - if I get a sympathetic judge (David vs Goliath) he might be supportive?

I believe they're trying to bully me into backing down, and they've gone to excuse #2 as suggested!

Fedex, UPS and USPS handle millions of packages and lose and damage goods - it doesn't matter who you use they're going to generate losses for customers, it's how they handle this that counts...

mlundy57 · « **Reply #54 on:** 10 Oct 2016, 05:40 pm »

Anybody have any experience with third party shipping insurance companies like Shipsurance, Insureship, InsurePost, Stamps.com, etc?

JerryM · « **Reply #55 on:** 11 Oct 2016, 12:47 am »

Quote from: mlundy57 on 10 Oct 2016, 05:40 pm

Anybody have any experience with third party shipping insurance companies like Shipsurance, Insureship, InsurePost, Stamps.com, etc?

Good question. That would be a great thread in its own right.

Philistine · « **Reply #56 on:** 17 Oct 2016, 02:05 pm »

I called into my local Fedex last Friday, and showed them the paperwork trail - the local manager remembers shipping the amp and psu. When Fedex discovered they'd dropped off the boxes at the wrong location they consolidated the 2 tracking numbers into one and re-issued it, when they emailed the pre-populated claim form they used the new tracking number. He believes this is why they're telling me I have no contractual relationship as the new tracking number is 'virtual', even though I supplied all the original documents, and they're being difficult and 'literal'. Upshot is he's worked with the claims department and going to push them to resolve it, on the basis that it's a clear cut issue....we'll see what happens!

Philistine · « **Reply #57 on:** 22 Nov 2016, 07:23 pm »

Off to court we go, just filed a Civil Claim with the local magistrate...

bacobits1 · « **Reply #58 on:** 22 Nov 2016, 08:35 pm »

That's absolutely terrible. Completely in the wrong!
Thinking about it, that's worse than any damage involved.
Good luck!!

Hugh · « **Reply #59 on:** 22 Nov 2016, 09:38 pm »

I would add all of the hours I put in trying to resolve this to the claim.

Last time we were forced to go to court, I charged them $400/hr and we got it.

Good luck!