[1000mp] 1000mp Repair and Shipping Insurance

[Deon Erwin]

Bud

There is no official Yaesu agent in our country and I import all my
equipment from one of the big US dealers.  One of my shipments arrived with
external and internal damage to the package.  I refused to accept the
consignment and it was returned to the dealer in the US, who immediately
replaced the entire consignment under the comprehensive insurance cover.

I later discovered that it cost the dealer a tidy sum, as their excess
payment on the claim was more than 30% of the replacement value.  Dealers
often opt for a low insurnace premium with a high excess payment, to keep
the insurance overhead down.

My point here is that UPS probably has a high excess payment in your case
and that may be the reason for declining your claim.  However, I would not
accept the reason that UPS offers and will challenge them.  You will most
likely find that the insurnace company is quite willing to settle the claim
and that the resistance is with UPS.

If UPS claims that the package and packing was insufficient, then they
should not have accepted your consignment for shipping.  By accepting your
consignment, UPS acknowledges that the packaging satisfies the contract
requirements.

Also, by accepting your consignment, they are bound by your contract to
deliver the goods in the condition in which they received it.  The goods
were damaged whilst in their care and they should place you in exactly the
same position as you were before they accepted your consignment for
shipping.

The matter is simple - they contracted to perform a task and they did not
fulfil their contract obligation.  Further, you can argue a case of fraud,
because they took your money and did not give you what was promised to you.

This may all sound very dramatic, but you had a radio which was reparable
before and now the same radio cannot be repared.  You have the right to be
restored to your former position.  I would take it further.

We have an insurance ombudsman in our country to hear complaints of this
nature and you probably have similar recourse in your country.

Deon ZS1ZL

----- Original Message -----
From: Elwood C Veregge
To: 1000mp at mailman.qth.net
Sent: Wednesday, November 16, 2005 8:58 PM
Subject: Re: [1000mp] 1000mp Repair


Hi Dave,
You're very lucky thst UPS will pay for your repairs. Now, if the damage
is behind the front panel (Such was done to my 1000mp in shipment via
UPS).I wish you more luck. Mine was damaged last may and I and the sender
(Turner Radio) have exhausted all efforts to find a new or used set of
damaged boards..which were the KEY UNIT and  CONTROL  boards. As you
probably have found out Yaesu no longer supports the MP.
BTW my unit was insured, but UPS has claimed no responsibility and
refuses to pay as the package and packaging was insufficient.
Good luck,
73-Bud/W6PBI
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