Boyd, Texas
Featured Not resolved
46 comments

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.

Monetary Loss: $4206.

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MattD78
Orlando, Florida, United States #818717

Except this isn't about a waiver you signed, this is about policy under the Terms of Service that the shipper agreed to when he selected UPS as the carrier. Also you are going to end up paying more in legal fees than the rental will cost you.

UPS has an army of lawyers at their disposal, lawyers who's job it is to ensure they are covered from liability in a case like this.

And it is up to the shipper who sent the radiator to 1) have the item covered for loss in case of damage 2) reorder and reship you another radiator. The argument can also be made that the shipper purchased UPS service and not yourself, as such you are not the UPS customer in this case, you are a customer of CSF.

charon9
to MattD78 #818787

I paid for the shipping; UCC (uniform commercial code) makes me the customer of UPS's service. UPS is licensed to do business in Texas, part of that license makes them follow state laws.

Their "Terms of Service" also note that "these limitations may not apply in all states" - like Texas. The law (quoted above) notes that their policy is contrary to law, and void (it does not matter that I agreed to it - read it again).

UCC 2-701 specifically states they are responsible for all damages from their breach of contract with me (to deliver goods undamaged).

It only costs $300 to take them to court, and it is really about the principle of the thing. I also know how many lawyers they can get (their a multinational billion dollar company) -- none of that matters in court, the law matters and 1,000 lawyers won't change that.

McDonald's thought the same thing with Stella Liebeck; and they were wrong.

To give an example of this; I'm sure you have heard of LG electronics? They made the same claim, they even told the judge that - I responded with the law above, and the judge ruled their "Policy" that "I agreed to (as the condition of sale)" was void by Texas law (the consumer cannot be placed in a desperate bargaining position) and my claim stood. Judge awarded me every dime I asked for time off work, treble damages (conduct knowing & intentional); and trust me on this - they had a table full of high priced lawyers there.

I do appreciate your comments; and that does help me understand why more people won't do something about this type of thing.

(They just don't know, don't understand, or think that a companies deep pockets are against them).

Thanks.

Anonymous
to charon9 Bethesda, Maryland, United States #823984

The difference is you paid ups nothing, unless or until you can show an invoice from ups with a payment from you. You had an agreement with a merchant, the merchant bought from ups and agreed to their terms and tariffs. Ups s terms and tariffs are regulated by the dot, not the state of Texas.

charon9
to guess again #824002

ROFLMAO - Seriously? I've already stated I paid for shipping - UCC 2-107 or 207; generally irrelevant as since my invoice shows "shipping cost - $xx.xx" paid - UCC says done deal.

Also your understanding of DOT / FMCSA rules has nothing to do with UPS's license to do business in the state of Texas (Foreign corporation - IE: must comply with state law) -- also irrelevant, as;

FMCSA says that they MUST comply with state rules to enter the state and do business (go read again), also irrelevant, as;

Look up "Tort" no contract, law, rule, or other thing needed to show harm and claim for damage from the negligent action of another (under any circumstance). IE: relief lies in Tort without all these other things.

I would give examples of what its like - as in UPS drives down the road, runs off the road and hits my truck - Oh, but under your application of rules they are not liable because they have a public statement that you can't hold them responsible - laughable ignorance.

Anonymous
to guess again Surprise, Arizona, United States #824199

Everyone thinks they're a lawyer because you read some books while in prison.

If you paid $xx you paid the vendor, not ups, the vendor paid ups, you may have a dispute with the merchant for payment but not ups. And the merchant contracted with ups, not you.

Therefore the merchant may have a claim with ups.

You are trying to claim a loss in a transaction between two other entities... Your inconvenience is not a factor.

You will lose and I'm sure you will not have the stones to admit when you do.

In fact odds are you will claim victory despite losing in court.

Anonymous
to charon9 #827103

Lets take your weak case to the extreme...

You're claiming that if you order light bulbs from a vendor, he throws them in a paper bag and slaps a ups/fedex label on the bag and they arrive broken, the carrier is somehow at fault?

Then, because the bulbs are broken, and your house is dark, you fall down the stairs and break your mangina.

Then you are unable to have children and now the carrier is somehow responsible?

Please pay 1 million cold hard cash Mr carrier.

Is that your ill conceived court case? Pure genius! Facts: -Your radiator company failed to properly pack their item. -ups doesn't use forklifts in their carriage of small packages, your item was damaged by another package bumping into it in the normal course of the automated shipping environment.

Poor packing caused the damage.

-you failed to take reasonable measures to obtain a radiator by any other means. -sitting at home, refusing to go work, then saying you should be compensated shows lack of good faith on your part -your payments were made to a vendor who failed to replace the item in a timely fashion -you insist on trying to be an internet lawyer/tough guy, yet fail to use common sense or take advice, psst, your arrogance is showing, not likely to help you in court The only person who looks foolish in this scenario is you.

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