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Friday, March 5, 2010

UPS - WHERE DOES YOUR LIABILITY/RESPONSIBILITY LIE?

I and my wife receive UPS deliveries numerous times for both personal and her Avon customers. Until date we have not had any problems with their deliveries except once leaving a package at the wrong address (1 block away). I located and picked up my package at the wrong address my self late that night.

I am trying to resolve a current delivery claim I have made with UPS. I ordered a special computer keyboard for my visually impaired daughter and son, plus a flexible keyboard for myself. I was given a date of delivery to which I waited about 6 to 8 long hours on that date until my wife and I departed for the evening. We left at or about 5:30. No delivery.

We returned home at or around 11:00 p.m. Upon entering my fenced yard with 2 dogs, I noticed debri all over my yard. I fumbled in the dark and discovered that it was the package that I had been waiting for from UPS. After a few minutes I located both keyboards on the ground. I brought them into the house where I discovered that the visually impaired keyboard's cable had been  removed, obviously, by my dogs.

This was the first delivery attempt out of an authorized three (3). I notified UPS of the situation immediately. I was told that a damage claim would be started, and to collect as much of the original packaging and boards that I could.

It is at the driver's discretion to leave a package in a safe location, or to return the package for a later delivery up to 3 attempts.

I have spoken to UPS by phone and through emails only to come upon resistance, and lack of responsibility or liability for their driver leaving a package in an unsafe location. They are attempting to place liability on the shipper or receiver, which neither placed the package where it was ultimately damaged.

UPS boast nationally of guaranteed safe delivery for their client and their customer. If action as detailed above occurred (i.e. shipper shipped product in the proper packaging undamaged, on delivery UPS places the package in a fenced yard with 2 dogs , and the customer returned home to find a damaged package torn apart in their yard) is the way they deem a delivery as safe, and will not accept their liability to the customer,....hmmmm.

In closing, being a disabled army veteran on a fixed income purchasing a present for his visually impaired children, I'd expect UPS to do as promised and deliver to me an undamaged package that I may not be able to repurchase for a while. I do not intend to let this issue die in the night.

Well, what do you think? Where does the liability lie? With the shipper or receiver as UPS contends, or with UPS? Let me hear you.

1 comment:

The Last Partner said...

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 dewgree.



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.