by boxlot_vt » Tue Sep 30, 2014 06:06 am
"UPS is contacting more than 1,100 customers ... to let them know their packages wont make it. ... the company€™s insurance will pay to replace the charred items"
our original company does not want to make waves with UPS and will only be asking for cash value of items at time of sale.
we are planning to write a complaint letter to the corporate office of the company we purchased the items from.. We will be asking them to replace each item purchased or the current replacement value with documentation backing up our figures.
We will wait for a Reply Letter, if they tell us the items are not available, and state that they will only refund the original prices paid.
We will then make a claim with UPS fire insurance, showing the two letters, and asking them to pay the difference from what our original company returned and what the cost to replace each item is, with documentation showing the replacement value of each item.
do you think my house insurance agent, should deal with the UPS fire insurance agent....
I am sure most will .....just want a refund of the original credit cards charges
is there any one that feels we are entitled to have each item replaced or the actual replacement cost
our original company does not want to make waves with UPS and will only be asking for cash value of items at time of sale.
we are planning to write a complaint letter to the corporate office of the company we purchased the items from.. We will be asking them to replace each item purchased or the current replacement value with documentation backing up our figures.
We will wait for a Reply Letter, if they tell us the items are not available, and state that they will only refund the original prices paid.
We will then make a claim with UPS fire insurance, showing the two letters, and asking them to pay the difference from what our original company returned and what the cost to replace each item is, with documentation showing the replacement value of each item.
do you think my house insurance agent, should deal with the UPS fire insurance agent....
I am sure most will .....just want a refund of the original credit cards charges
is there any one that feels we are entitled to have each item replaced or the actual replacement cost
Posted: Tue Sep 30, 2014 07:53 pm Post Subject:
is there any one that feels we are entitled to have each item replaced or the actual replacement cost
Other than you? No licensed insurance agent would have this opinion. You asked this question, with some embellishments in the auto insurance forum, and it has been answered there.You purchased an item from a seller. You have a contract with the seller for that item. The seller shipped the item to you, using a common carrier. The seller has a contract with the carrier, but you do not. Because you do not have a contract with the carrier, your third party claim has no legs to stand on. You cannot politely ask, vehemently demand, or indignantly sue the carrier for indemnification of your loss.
The same thing is true in an auto collision. You are damaged by another driver. That person owes you for your damages. He may have insurance to cover his loss, and you file a claim with his insurance company. If the insurance company denies your claim, you cannot sue the insurance company because you have no contract with them. You can only sue the at fault driver who caused your damages.
The common carrier has liability to someone for the damages, but in this case, it is to the party that contracted for the delivery service, and in most cases that would be the seller/shipper.
You can demand one of two things from the seller: 1) another item of like kind and quality, or 2) a full refund of your purchase price, including the cost of shipping The choice rests with the seller as to which you receive.
If the seller has incurred a loss, then the seller can demand indemnification from the common carrier.
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