UPS lost my package and won't claim up to it.

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  • charlescho
    E30 Addict
    • Mar 2009
    • 515

    #1

    UPS lost my package and won't claim up to it.

    I had a really heavy package sent to my business address through UPS.

    I asked the seller twice to insure the package, and even paid the extra costs involved in insuring the package(the package is worth $925)

    The seller didn't insure the package and now it is lost. problem is, UPS is claiming that they delivered it.

    UPS states that the delivery truck was on our business property at 7:09pm(our business closes at 6pm and everyone leaves by 6:30pm latest) and that it was signed by receiver. no name, no initials, no nothing. just receiver.

    the signature on the driver release form is seriously just two circles...

    But since it is signed, UPS is saying it is no longer their fault.

    now I asked our driver if he can point out who signed for the package, he says he was on vacation that week and it was a substitute driver. So we finally track down the substitute and he says he cant remember delivering the package. its a 100lb package and says it was delivered at 7pm, I would think that it being near the end of the day and SO heavy, that he would remember it.

    Seller is being very cooperative, but at the same time I fail to see how this is his fault. I would feel horrible if he had to choke up the $925, but at the same time I do not feel responsible for this lost package either.

    so, what am I supposed to do at this point?
  • Jorgen
    Grease Monkey
    • Aug 2011
    • 320

    #2
    UPS's fault or not you paid the guy to insure the thing and he didn't he took the risk of keeping the small amount extra and assuming it would be delivered. To me he would be the one to take the hit if you can't get anything going with UPS.

    Side note, being a business is there any sort of video surveillance that could be pulled to see if the truck was there at all that night and if so if there was a package delivered and signed for? Could the sub driver have just jotted something down on the signature block and dumped the box outside because he didn't want to reload a 100lb box or have to come back with it the following day? People steal shit if it is outside, I have a 90lb box of parts for work stolen from my car because someone was just walking by and the door was unlocked.
    2011 JGC daily, 1985 944

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    • lambo
      Captain Scene Points
      • Feb 2010
      • 10953

      #3
      Originally posted by Jorgen
      UPS's fault or not you paid the guy to insure the thing and he didn't he took the risk of keeping the small amount extra and assuming it would be delivered. To me he would be the one to take the hit if you can't get anything going with UPS.
      This. He took the risk, he should pay the consequences.

      Originally posted by SpasticDwarf;n6449866
      Honestly I built it just to have a place to sit and listen to Hotline Bling on repeat.

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      • SmokeE30
        E30 Mastermind
        • Jun 2009
        • 1730

        #4
        i agree, you requested and paid for insurance for a reason, because u valued the item being delivered at 925, item was not signed for by you which can be requested when shipping, therefor i would have to say that this is something that should be paid for by ups if its not located, but if the shipper pocketed the money for the insurance then he has to eat the cost, simple as that. that's why both buyers and sellers get insurance, because neither one wants to be out money when they find out what brown can do for you
        Shawn @ Bimmerbuddies
        Bimmerbuddies LLC
        717-388-1256
        2971a Roundtop Rd, Middletown PA 17057
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        • spike68
          E30 Enthusiast
          • Apr 2009
          • 1185

          #5
          I would probably find out what procedures you would have to take if a package was delivered to the wrong recipient. Its gotta happen every now and then. Im sure you could search their website or call or something. If you do call, dont explain your situation, just ask questions and listen to THEIR policy. If you explain, then sometimes they can make stuff up so it makes it seem like its not their fault.
          There is a possibility you could go back to the seller and put a little bit of blame on him/her for not insuring it even though you asked. If that dosent work, ask for the money back that you gave extra for the insurance. If the payment was made through paypal, it might be even easier.

          As for the signature part, find out what the purpose of the signature is used in the first place. Cause whats the point of getting a signiture from the recipient if they dont even know if its the corrent recipient in the first place? Knowing what its used for might help out in claiming you didnt recieve your package.
          I don't even own this car anymore, but I'm too lazy to change the picture.

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          • Blackout
            R3V Elite
            • Apr 2011
            • 4125

            #6
            Call UPS again and record the entire conversation.
            Than sue them in small claims court.

            Signed by receiver? BULLSHIT. Fuck that.

            They have to note the Last name of the person on the UPS Delivery Information Acquisition Device. The little computer device that all UPS drivers carry.
            » PARTS FOR SALE
            » TRANSACTION FEEDBACK

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            • JinormusJ
              R3V OG
              • Dec 2011
              • 6887

              #7
              Originally posted by SmokeE30
              That's why both buyers and sellers get insurance, because neither one wants to be out money when they find out what brown can do for you


              I agree with everything that's been posted. Seller shipped despite you paying for a service that he did not deliver; not only is that shady business, it ends up to situations like this.

              I know you wanna be the nice guy, but now isn't the time to be a pansy: your out $925 and no goods. Someone's gotta pay up and for you to would be an epic douchey move on the other party's fault

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              • withinward
                Member
                • Jul 2012
                • 90

                #8
                Yeah, drivers don't always follow the rules. I was receiving a next day one time from FedEx. He just handed it to me in the hallway. I said "dont you want me to sign?". He said "no, I trust you [are the intended receiver]." I replied, "well you shouldn't. This is a firearm." Then he got really embarrassed. Moron. I'm sure if I hadn't just happened to be in the hallway, he would've left it in front of my door out of laziness.

                Sent from my PG86100 using Tapatalk 2

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                • pandaboo911
                  R3VLimited
                  • May 2010
                  • 2070

                  #9
                  I agree maybe it's the driver. Perhaps he took it and played it dumb when asked about it saying "he doesn't remember".

                  Comment

                  • nando
                    Moderator
                    • Nov 2003
                    • 34827

                    #10
                    the seller didn't insure a 100lb, $1000 package?

                    he's an idiot. Now he owes you $925. It's not UPS's fault, and it's not yours.
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                    • spike68
                      E30 Enthusiast
                      • Apr 2009
                      • 1185

                      #11
                      Originally posted by nando
                      the seller didn't insure a 100lb, $1000 package?

                      he's an idiot. Now he owes you $925. It's not UPS's fault, and it's not yours.
                      I agree, but there is still fault on UPS's side. They shouldnt be losing packages nor delivering them to the wrong person then say it was delivered to some random person who they claimed to be the recipient. Thats fucked up...

                      So to sum it up, its both UPS and sellers fault.
                      I don't even own this car anymore, but I'm too lazy to change the picture.

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                      • nando
                        Moderator
                        • Nov 2003
                        • 34827

                        #12
                        they "shouldn't" lose them, but that's why they sell you insurance, because shit happens. It's not exactly a surprise when UPS/USPS/FedEx loses a package; they ship millions of items every day, and 99.999% of them don't get lost/damaged, but .001% do.

                        insurance on a $1000 package can't have cost more than $5-10. Why would anyone take that risk, especially on something so heavy/expensive?

                        The insurance is basically the shipping company's way of saying "your item may get lost or damaged, but we'll cover it for a 1% fee". If you don't take them up on that, it's your fault, not theirs.
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                        • butters
                          E30 Fanatic
                          • Nov 2010
                          • 1202

                          #13
                          I used to work at a UPS store so I had to chime in here. One of the selling points is that every shipment, including ground, comes with $100 of coverage and delivery is guaranteed.

                          Now, that doesn't change what I would consider to be the chain of responsibility - the seller is responsible to the buyer, and the shipper is responsible to the seller. The seller didn't cover themselves but that's their fault. If I was in OP's situation, I would dispute the charge and forget about it. The seller can go after UPS for his $100 and learn one of life's lessons the hard way. Too bad. Sucks to hear that UPS is giving you the run-around, but it's not your problem in my opinion or (I'd venture to say) in the eyes of the law.

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                          • MaksV
                            E30 Enthusiast
                            • Oct 2010
                            • 1042

                            #14
                            right now you need to file a claim with CC, PP, or whatever you used to pay. Butters has got it down pat. That way you get your money back, and the seller and UPS can duke it out.

                            BTW what did you order?
                            CHEAP REBUILT INJECTORS




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                            For anything Else go with BluntTech!

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                            • robrez
                              No R3VLimiter
                              • Jul 2008
                              • 3376

                              #15
                              This is why even when the buyer doesn't request it, the seller should get insurance.

                              So who was the seller, and what did you buy? Seriously, if you're gonna solicit r3v's input, you gotta provide all the grimy details ;)
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                              January 2012 COTM

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