[R-390] UPS is Garbage
Barry Hauser
[email protected]
Thu, 31 Oct 2002 13:11:27 -0500
Randy Zelick wrote
>
> >"I then talked to the legal department at work, and according to their
view
> >when a package leaves the sender that you have paid for, it is now
legally
> >your possession".
Hi Randy, Paul and gang:
With all due respects to your co's. legal department, there's shipping and
there's shipping. They may be interpreting based on what's more typical for
a big company regarding truck freight shipments. If the purchasing company
buys a gross of widgets from the selling company, the terms are usually "FOB
our warehouse", etc. It is usually the purchasing entity that is
contracting for the freight. So as soon as the widgets are picked up at the
loading dock, it becomes the purchaser's responsibility -- the
carrier/freight co. is an agent of the purchaser. Sometimes a commercial
seller may arrange for a trucking co., as a courtesy, but the trucker may
still be working for the purchaser.
Often, it depends on who paid the carrier directly. If you paid the epay
seller for the item plus shipping and he actually paid UPS, then he's the
shipper of record, and, yes, claims (at least of nondelivery) technically
have to go through him. If you pay an MBE place, they are the shipper of
record.
HOWEVER, in the event that's not possible because the shipper is defunct, I
think UPS is still responsible. I had some shipments misrouted and delayed
a couple of weeks. I also had something get lost for a month. If a package
is badly misrouted or something happens to the label, it can get lost for a
long time, and still show up. In any event, when dealing with bureaucratic
functionaries, you have to make a class A pest of yourself.
What makes you think the seller went belly up? If it was through epay, you
can use their phone number lookup thing and try that.
I would keep pushing that, even as a matter of principle. It may be
necessary to go several levels up as UPS clerk/reps are there mostly to get
you off the phone. They know little and are able to do even less. If your
company is a UPS shipper, see if you can't talk to their commercial rep. He
or she may be able to get results. Also, keep watching the tracking number
on the UPS site. It may emerge and start moving again.
Another 2 cents.
Barry