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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