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I was moving back home from Vancouver, WA and shipped a very expensive computer used for 3D Animation.I declared the value of the computer, and although I was a little hesitant as the woman at the UPS store seemed like she was in training, I paid the 200.00 shipping fee and flew back home to Missouri.

Upon delivery the boxes corners were smashed in, the foam peanuts were 6 inches from the top of the box, and the tape was barely hanging on. When I removed the computer I heard something rattling inside, which was both Hard Drives broken loose from the rails and had been bouncing around destroying the motherboard and Video Card. Upon calling UPS they wanted me to get a 3rd party estimate on repair which I did. The total came to $1,394.16 which replaced the hardware, recovered data on the hard drives, and the labor.

3 weeks later UPS is saying that the data recovery, which was quoted right around $600.00 for both drives, is not covered and they refuse to pay it.

So I have been out of work for 3 weeks and they are not wanting to fix the package to 100%...Horrible company, as much as I hate FedEx it looks like I am going there instead from now on.

Monetary Loss: $1394.

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Nick1346
Albuquerque, New Mexico, United States #698783

Let me assess the situation.Did The UPS Store pack it or did you.

I am assuming you, as you said you paid the "shipping fee" no mention of packing.

If the store packed it and you insured it for the total value of $1400, then you're covered. I'd expect about a month and a half before you receive the settlement check, but you're covered. If the hard drives were damaged, then you're entitled to a new one.

However, they don't have to pay for data recovery as I'm assuming this is your complaint. Files don't cost anything! They damaged property, not invisible data!!!

I understand your being upset, but why didn't you back up your data on an external hard drive and take that with you in your luggage?The same goes with FedEx and the USPS!!!

Anonymous
to Nick1346 #700741

excuse me, but data definitely has value. it's not system files, which can be restored and reinstalled; it's someone's animation creations. it is a result of their own work and has assessable value and that's real assessable damage. however it's true that it's best to create backups and take them with you physically when you move.

still, ups did not pay the true value of what ups mishandled and destroyed: it has a replacement cost that they are failing to supply. it is possibly, entirely their fault; unless the pc was not anchored properly in the box. packing peanuts alone will not necessarily do it as pc's are heavy.

if there was any statement of coverage up to your stated loss amount, they are liable. though maybe not if there was no statement of coverage that would include your entire amount. if they only covered your item up to a certain dollar amount, that is their limit and they don't have to pay more.

but if the coverage was a higher amount and your value loss fits within it, the customer should talk to an attorney and pursue it that way. attorneys do not charge anything up front for lawsuits to recover value. they charge after they win, make sure you get that in writing though. make sure they will charge the ups company their attorney fees as well.

Nick1346
to madam1 Albuquerque, New Mexico, United States #700776

Please trust me when I saw I entirely understand and agree with both UPS and the customer. But the contract that he signed when he shipped it specifically states what's covered and what's not when it comes to UPS's "Declared Value" (aka Insurance,) data and documents are not covered. If UPS loses a contract that's got $10,000 on the line, and UPS loses it, they are only to be reimbursed for the cost of the paper. So basically 20 cents, even if the package was insured for the $10,000. I am talking law here, not what's right and wrong in a perfect world.

They damaged property. He is to be reimbursed for the property. I'll say it again, DATA HAS NO PHYSICAL VALUE!!! It's invisible, you can't reach out and break it! Data is just like a thought! Yes, when put into a physical item, it is worth something, until then, it's worth nothing.

If you are trying to place blame on The UPS Store, he's even MORE out of luck. The contract (PSO) is quite possibly the best contract ever written by lawyers, it takes ALL liability away from the store. Even if they did pack it wrong.

I feel bad for the guy, but that's why you should never trust anyone, I've shipped my computer twice before and nothing ever happened (I packed it myself at my UPS Store where I work as I would any customers computer) and nothing ever happened. Once with my desktop PC and once my laptop. Every time I backed it up on my external...

If he didn't do that, he's quite unfortunately out of luck.

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Anonymous
to Nick1346 #701003

I'm not stating that the data has any value, I am stating that the cost of recovering said data is $300 per drive.

As far as a invisible property is concerned there is such a thing as Intellectual Property which considers thoughts and intangible material as property. So yes, it does have value. Maybe not according to UPS but federal law supersedes that.

Considering that the store representative never brought this up and after speaking to the store manager himself after he admitted that the UPS reimbursement was wrong and that they should cover the full repair cost.

The data itself is backed up, although not as a ghost file, so I am still losing time from my actual job by having to repair the computer myself. The original point remains, UPS is a horrible company.

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