UPS Or Shipper Who Accepted Liability?

At 5:00 p.m. today, I received a replacement for my original order, and I am happy that someone accepted being the liable party. But the question still remains: where should the liability lie? I do not know who accepted. If it was the shipper, what did they have to do with the damage? They were not present, and UPS was the delivering service.

Was the driver at the time working as the shipper's employee or was that right relinguished when the package was shipped?

I should be happy that I received a replacement order, but I can not help feeling that UPS should have accepted the liability and responsibility from the start since their driver was involved. All they did was repeatedly quote their policy in the Terms and Conditions which is not written clearly, unless you have a college degree.

How many companies or individuals have been in this same situation with companies like UPS? How many companies and/or individual have just paid UPS bill because of this policy? Seems unfair to me.

Unless something else happens, this will be the last writing about this.