Ups - Fork-truck blade through my new radiator

Radiator in my truck started leaking (plastic tanks) - so I ordered a new all metal radiator. UPS shows up and my wife sees the box and told him we won't accept that (huge hole) its damaged. He says something rude to her and then literally runs off the property when she insists that we won't accept it.

So I call UPS, they will send him back out to pick it up, and get me a new one next week (of course it happens on memorial day weekend). I ask her about the rental car, loss of use and she states that UPS Policy says they cannot be held accountable for consequential damages.

So I quote to her, Texas Law that such policies are VOID (TEXAS BUSINESS AND COMMERCE CODE ANN. § 17.42 : Texas Statutes - Section 17.42: WAIVERS: PUBLIC POLICY (a) Any waiver by a consumer of the provisions of this subchapter is contrary to public policy and is unenforceable and void;)

Federal & State UCC state that they ARE responsible for the damage; no different than if they had wrecked my truck directly and Texas Consumer Protection laws say they are responsible for the property.

She checks with her supervisor and confirms that they don't care about Texas consumer protection laws, its company policy and that I can just do what ever I think I need to do about it.

Well, Okay - rental truck is 158.25 a day and I'm not working because of it so another 500.00 per day so once its fixed no problem; I will file a suit in court. See if your company policy impresses a judge & jury.

Its funny (odd) that companies like this 'think' because they are a global corporation that they can do whatever they want; and I guess in most of the cases they get away with it. If more people would take them to court (IE: hit them where it hurts; the pocketbook) I bet things would change really fast.

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May 23 #1163461

His 2 year time limit has now expired!
If it was me, I woulda spent less time on the Internet claiming how I know the law, and spewing excuses about being "too busy"
and taken care of business to get my thousands I am entitled to!
Now, he is entitled to ZERO for not filing within the time frame permitted by law.

0 0 Reply

Feb 15 #1112505

Tick, Tick, Tick.
The clock is running out on your time limit to file on this!
I am guessing after conferring with folks who practice law, he was told to go ahead and waste his money if he wants, just so he can lose!

6 0 Reply

Oct 26, 2015 #1054134

Guess he can't admit he lost and keeps coming up with excuses instead.

7 0 Reply

Sep 10, 2015 #1031974

Cabrone charone9, can't admit s/he's wrong; must suck to always be a 'victim,' sweetheart

7 0 Reply

Aug 18, 2015 #1021236

I guess if any of us book a Hotel through a Travel Agent, and the room is a complete pit.
By this guys logic, the hotel should refund the money to us since we paid for the hotel room.
In reality, we have to get our money back from the Travel Agent, since that is who we paid for the accomodations.
Wouldn't put it past this guy to have a story where this exact scenario happened and he sued the hotel for refusing to refund him his money.

3 0 Reply

Aug 01, 2015 #1014645

So, if I was to order a dozen eggs from a place that ships out fresh from the Chickens, and they put them in the same container that you see in the store, and they arrive broken, I can sue UPS for breaking the eggs?

2 0 Reply

Jul 01, 2015 #1002301

Well, May 23, 2015 has come and gone. This officially happened over a year ago and you still haven't filed a suit because you claim to be "too busy" to deal with $4200+ lawsuit as you stated. I think you realized that UPS is not liable to you but you refuse to admit publicly that you were wrong. It's okay, I understand your point of view and why you're upset. Sure, they damaged your radiator and they paid out the claim for the insured value (likely just $100) but in no way do they owe you for truck rental or lost income. That's why they paid for the lawyers to write up that huge contract! Either way, I'm sure you're on with your life now and not dwelling on this. So, best of luck buddy!

8 0 Reply

Jul 01, 2015 #1002307 Addison, Texas

I haven't had a single day off in over 5 months, the normal dry spell didn't happen this year. Business is up & its time consuming to take care of such things. I've noticed that typical troll mentality would deny a public court ruling win, so I'm not goaded by such comments.
I'm also not afraid of 'big money lawyers' as they find themselves on the wrong side of bad contracts more often than not.
In any case I still have a year to make the claim and will do it, even if I have to refuse some work at some point.
Of course you will deny documented evidence of it, just like the flat earthers.

0 9 Reply

Jul 02, 2015 #1002433

Well, looks like we'll wait another year. See you in 2016 ;)

6 0 Reply

Jun 30, 2015 #1001466

So utter bs. Yep, you're a loser.

6 0 Reply

May 29, 2015 #989475

This has been more than a year, what is the latest?

1 0 Reply

May 30, 2015 #989738

Wish I could say I've had the time to take care of this, it's good that I have a lot of work. But, this as well as a few other things need my attention.

0 7 Reply

Nov 01, 2015 #1056844

A few other things need your attention? You mean like a competent head shrink?

1 0 Reply

Feb 23, 2015 #949896 Dallas, Texas

So how long did it take to get another radiator and get the truck back up and running?

0 0 Reply

Feb 23, 2015 #950018 Arlington, Texas

It was the only one they had in stock, I want to say 10 days total from delivery date (but I would have to check my records).

0 7 Reply

Apr 21, 2015 #974815

Looks like you didn't get the compensation you imagined from the deep pockets at ups... Because, as has been explained numerous times, you weren't entitled to anything. Way to go Don Quixote.

10 0 Reply

Feb 07, 2015 #942393 Salt Lake City, Utah

I see a certain point missed. You paid for shipping yes, but you paid a fee to the company who shipped it to you. THEY paid UPS to ship it. Whether the amount you paid whomever shipped the radiator is implicit or implied the actual money given them was not necessarily the money given UPS (UPS could even show in court possibly that the monies paid them came from a different account than where your payment went with whomever shipped). My point being the fact you paid a shipping charge doesn't make YOU the controller of the implicit contract and TOS conditions of UPS. The seller is, they paid the charge (whether you paid them or not). Same legal principal is, you give someone $50 to buy something, with a warranty. Now the warranty at most stores etc is sold at purchase to that person. Just because you have the person the money doesn't mean you are a contracted party in the warranty, even if the item is for you possibly.

7 1 Reply

Feb 09, 2015 #943037 Coffeyville, Kansas

My original post does not point out federal law(Carmack amendment 49 USC 14706) one of my replies does. Since UPS is an interstate carrier they are covered under DOT (ICC) rules, one of which states that they are responsible to me once they accept the goods for transport. Tallyho VS Big M 8SW3rd 789 (1999) The people who can file a claim are persons with a beneficial interest in the shipment, such as..(large list)...buyers.
It does not matter if, when, or who paid for the shipment, I paid for the goods and had an interest in it.

1 12 Reply

Feb 09, 2015 #943339 Albuquerque, New Mexico

As I said before, and the person above pointed out: UPS is not responsible to you, they are responsible to the shipper because of the contract. I checked out the "Tallyho VS Big M" suit and it appears they didn't have a comically-extensive 50 page contract that UPS does, you wouldn't think that it requires that much documentation to ship a package, but it does because of all the lawsuit-happy people in the United States.
Above all else, UPS clearly is not responsible for your truck rental because of the contract that you were signed into by the shipper agreeing to UPS's terms and conditions. If you were to sue anyone, you should seek out a suit with the company you bought the radiator from because they might have breached the contract by providing you damaged goods. When you bought it from them, they can use any method of transportation to get it to you and they chose UPS.
Now, since you mentioned you needed the radiator very soon; it was a time-sensitive package. Let's say you needed the radiator the very next day. Would you sue if the weather was crappy and delayed the shipment one day?
All these legal precedents and DOT regulations don't matter because of the contract the shipper agreed to.

10 1 Reply

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