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Legal Advice Against UPS(12 posts)

Legal Advice Against UPSfab4
Mar 14, 2003 4:09 PM
I shipped a frame via UPS gound insured from San Diego to Oregon. UPS misshandled the package and cracked and destroyed the whole rear triangle of the frameset. They inspected it and determined that they are not at fault and it was damaged because of insufficient cushioning and insufficient packaging. It takes a lot of force to destroy a bike frame (OCLV Carbon) and I took a lot of precaution in packaging the frame to make sure it's safe. I put bubble wrap all over and around the frame and put a wedge on the fork and the rear dropout. A bike shop would never go to that extreme to package a frameset or a bike for that matter. It was very obvious that the package was misshandled by UPS because the box (double walled) was crushed and damaged on the rear tringle side. I'm pissed and the consignee is pissed. I'm in the process of disputing the claim and I'm seriously thinking of suing UPS. Does anyone have any advice on this matter. Will my house insurance cover for this. Give me your toughts.
dealing with ups can be like dealing with a brick wall!the bull
Mar 14, 2003 4:36 PM
It is probally going to be a waste of time tring to get your money back from them.Try talking to the person in charge of the person who is not helping you.
You might have success in a small claims court.
Were there tire tracks on the box?It takes a lot of force to break those things!
good luck
ouch, i know from experince ...Jas0n
Mar 14, 2003 4:42 PM
ups ruined a mtb i sold over ebay, and never paid out a single penny. the box was completely trashed, and was lost for 10 days. yet they still insisted that it was not packaged well enough. i wasen't even refunded the shipping costs, which was like $80.00. worse yet, i was 16 when this happened and ended up with a ruined bike. f@ck them. i had a similar experience with a the shop where i work over the summer. we shipped a bike for a customer, took all the proper precautions when packing, and the someone at ups drove a fork lift into the box, bending the frame. still, ups insisted it was not packaged properly. what could have prevented that? right now, were suing ups, and have started shipping fedex in protest.
UPS is the worst!High Gear
Mar 14, 2003 6:51 PM
I just had a hub sent to me. I get the package via ups and the box was just busted up with tape all over it. When I open it, I find my hub a tube of Pergo floor putty and some type of electrical contact cleaner??? So this tells me that they had multiple boxes that were destroyed and didn't know what box they were from. I called them and was told to discard what wasn't mine. They should be investigated for their outlandish behavior.
re: Legal Advice Against UPSJuanmoretime
Mar 14, 2003 5:05 PM
I had UPS destroy a Spinergy wheel a couple of years ago. They denied my claim at first. It was shipped in a wheel box and had the standard packing that Excel Sports uses to ship wheels. I challenged them to go to any bike shop and ask them if how I had the wheel packed was a standard type of box and packing that even wheel makers use to ship wheels. I also told them they probably handled hundreds of the same type of boxed packed the same way daily. They did pay. Keep fighting, you will win. Was it in a bike box? point that out to them and challenge them. Good luck.

Juan
re: Legal Advice Against UPS52-16SS
Mar 14, 2003 5:19 PM
Maybe UPS denies all claims by principle, watch out for a Grisham novel on the topic: The Brown Delivery :^)
re: similar problemRusty Coggs
Mar 14, 2003 5:50 PM
UPS mishandled. Came and inspected,claimed insufficient packing,claim denied.Seller ate it. I quit using them as Fed Ex is just up the street.
I had a good response from UPSMike P
Mar 14, 2003 8:20 PM
Received a new bike, Mr. Brownshorts. . . the box was heavily damaged. Both STI levers were damaged, the handlebars were bent, the rear derailleur was trashed, etc.

They had someone at my front door in less than a week, I showed her the damage, how the bike was packaged, etc. The claim form was sent to the seller the next week. After he had sent the claim form back to UPS I found the headset was crushed and the fork steer tube was damaged. I called UPS back and they didn't even want to come look at it. They told me to contact the seller and have him send the estimate in. I had my check in less than two weeks.

I was completely surprised how quick it went and I was expecting they would try to deny UPS was at fault. I was happy I did not loose my money and the bike but I think UPS does a poor job when it come to care. I do not use them if at all possible.

Mike
MY BEST ADVICE.CORONADO FLYER
Mar 14, 2003 9:11 PM
tell them it was not repacked the same way you packed it up.
small claims courtdtufts
Mar 14, 2003 11:01 PM
take photos and save the box, broken frame, and packaging. go do a google search for the small claims court in your state. read the instructions, follow them, and file a claim. you do not need a lawyer to make claim in small claims court.
re: Legal Advice Against UPSSteve Bailey
Mar 15, 2003 7:56 AM
UPS assumes responsibility once they take the box into their possession. The packing method is irrelevant, especially as they have signs posted all thorough out the shipping center telling the customers that they reserve the right to inspect, refuse and/or repack as needed. A comment that UPS ships thousands of bicycles between manufacturers and dealers on a daily basis, always with less care in packing is a point against them. They NEVER inspect the bikes shipped this way.

If they opt not to do these things and accept the box, they accept responsibility. Once they accept additional payment as insurance they are committing fraud should they refuse or deny a claim, especially as they are admitting that the damage was done while in their possession.

A sharply worded letter to this effect along with a comment about filing a complaint with the state attorney generals office as a case of fraud, usually gets them to back down as settling the claim is always cheaper then involving their legal department.

It's a sad comment to say that while they have a decent track record in terms of bikes shipped without damage - I shipped something like 30 bikes over a ten year period cross country with no damage, but that their claims department has a reputation for making the customer fight for re-imbursment.

Steve Bailey
re: Do they have a bicycle packaging policy?jrm
Mar 15, 2003 8:49 AM
Or a policy for "UPS" standard packaging guidelines. If they don't have one specific to bicycles then i'd say how can they determine insufficient packaging if they never knew how to pack a bike at all. I would think that they should have some kinda threshold standards for shock, stacking weight and such.

Go for the technicality....