The UPS Store #2473

Nov 20 14
Greetings [redacted],We are fully aware of the complaint that [redacted] has against The UPS Store. The way declared value works with shipping is that unless the replacement value of the item is declared at the time of the shipment and additional fees for declared value coverage...

are paid for at the time of the shipment the package is only covered for a UPS set rate of $100.00. It is rare that packages are completely lost or missing. However, this unfortunately does happen from time to time. Under the terms and agreements (section 3, 7, and 10) which is found directly after this document we see that the issues of replacement value for loss and or damage are clearly stated. Furthermore I personally remember speaking with [redacted] about the pricing difference of whether the package would not have excess value coverage or would, as well as the possible consequences if the package were to get lost/ damaged. As standard procedure we have filed a claim for [redacted] which he has won with UPS and will be refunded the shipping cost as well as the standard $100.00 coverage which he agreed was adequate coverage for the shipping of the electronics. [redacted] was made aware that the claim was started and approved. Subsequently, he came into the store and threatened the store Manager Dave I[redacted], took a picture of him and accused the UPS Store of running fraudulent business as he rushed out of the Store.Unfortunately there is nothing we can do to make UPS reimburse him for the replacement value of the lost item because there was no additional value declared and paid for at the time of the transaction (please see attached Terms and Conditions). Additionally, as referenced earlier I personally explained the consequences of not purchasing additional declared value coverage at the time of the shipment. [redacted] still refused to add the additional declared value for the shipment aware of what the possible outcome may be.Thank you for your consideration. If you have any questions or concerns feel free to give me a call or send me an email if you need any further information.
Andrew C
Manager

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
 Complaint: [redacted]
I am rejecting this response because:
While the sections 3, 7 and 10 of the Terms and Agreements limit
the liability of the UPS Store and its contractors against inadvertent loss or
damage to a package while in their custody (such as a loss due to a traffic
accident while in transit, or a fire in the warehouse etc) they do not extend
to void liability arising from Gross Negligence or Unlawful behavior of its
employees or its contractors. For example if the UPS Store employee willfully throws
the package into trash or hands it over to a random person on the street instead
of making his best effort for delivering it to the addressee, then the UPS Store
is ultimately responsible for the content of the package notwithstanding the
sections 3, 7, and 10. Time and again US legal system upheld that clauses such
as 3, 7 and 10 can’t protect a company from liability when the conduct that
causes the harm is in reckless disregard or intentional. This is because if the
UPS Store is not responsible for any liability under no circumstances without
any recourse for the customer, what is to prevent the UPS employees to keep all
the packages for themselves when the content is of substantial value. Or dump
the package into garbage just because they are too lazy to make a trip to the
addressee.
My particular case is a good example of such gross
negligence or unlawful behavior by the UPS employees and contractors. The
package is entered into the system as delivered and “left with man”. In other
words UPS has not lost this package because of an inadvertent traffic accident
or natural disaster such as an earth quack or flooding which would limit their
liability per section 3, 7, and 10. Instead the UPS employee either conducted
himself in reckless disregard and wanton negligence by leaving the package with
an unknown person without even asking for his name or taking his signature (which
is both implicit and explicit business practice whenever a package is shipped
with UPS) or worse kept the package for himself knowing well the value of its
content from the addressee and the size of the package. Either way this
irresponsible business practice cannot be and should not be tolerated by the
Revdex.com.  
I am pleading Revdex.com to insist this company to change this
irresponsible business practice to be consistent with the generally accepted
ethical business behavior that is worthy of a global institution. They must assume
responsibility arising from the conduct of UPS Store employees and contractors
with reckless disregard and /or wanton negligence. In particular this company
must pay $2500 for the content of my package that has been disappeared while in
their custody (or the custody of their contractors) not because of an
inadvertent accident or a natural disaster but merely because of a willful
conduct of their employee with reckless disregard and negligence or worse an
unlawful act.
Regards,
[redacted]

Review: On 09/04/2014 I have send a package to "[redacted], WA [redacted]" from the The UPS Store at [redacted], PA [redacted]. The package was about 45x40x20 inches and weighted about 20 pounds. In it I was sending a brand-new [redacted] for repairs at the Warranty Center of [redacted].com. I had purchased the product from www.[redacted].com only couple weeks earlier but it arrived broken right out of the box. The UPS store has assigned the tracking number [redacted] to the package. On about 09/11/2014 I checked the UPS website with the tracking number and it showed the package as delivered and "Left with man". I was outside of the country at the time so couldn't call the recipient to confirm delivery. When I return from my overseas trip a couple of weeks later I called the [redacted] Warranty department to ask about the progress in the repairs of my [redacted]. I have talked with [redacted] and she told me they have never received the package from the UPS. She said she was going to call the UPS to inquire and relocate the package. A couple of weeks later I have talked again with [redacted] and she told me the UPS couldn't relocate the package and accepted full responsibility for the loss and advised me to contact the UPS directly. On 10/09/2014 I called the UPS Customer Service at ###-###-#### and asked about the package. I am told the UPS takes full responsibility but I should go to the original UPS store and ask them to file a claim of the lost package for me. I did that in the same afternoon (the UPS Store [redacted]) and emailed them all the documents they needed from me including the original receipt and the invoice for the purchase of the item inside the package to determine its value. Later on I went to the UPS store again to confirm the receipt of my emails and talked to John whom confirmed they received all the documents needed to file a claim. I still have not heard anything back from the UPS store ever since.Product_Or_Service: Delivery of Personal Flying Video RecorderAccount_Number: [redacted]Desired Settlement: DesiredSettlementID: Other (requires explanation)

DesiredSettlementID: ReplacementI would like the UPS to pay $2,250 which is the sum of the re-purchase price of the item that was in the package they have lost as well as the full refund of the shipping charges for the delivery of the package.

Business

Response:

Nov 20 14Greetings [redacted],We are fully aware of the complaint that [redacted] has against The UPS Store. The way declared value works with shipping is that unless the replacement value of the item is declared at the time of the shipment and additional fees for declared value coverage are paid for at the time of the shipment the package is only covered for a UPS set rate of $100.00. It is rare that packages are completely lost or missing. However, this unfortunately does happen from time to time. Under the terms and agreements (section 3, 7, and 10) which is found directly after this document we see that the issues of replacement value for loss and or damage are clearly stated. Furthermore I personally remember speaking with [redacted] about the pricing difference of whether the package would not have excess value coverage or would, as well as the possible consequences if the package were to get lost/ damaged. As standard procedure we have filed a claim for [redacted] which he has won with UPS and will be refunded the shipping cost as well as the standard $100.00 coverage which he agreed was adequate coverage for the shipping of the electronics. [redacted] was made aware that the claim was started and approved. Subsequently, he came into the store and threatened the store Manager Dave I[redacted], took a picture of him and accused the UPS Store of running fraudulent business as he rushed out of the Store.Unfortunately there is nothing we can do to make UPS reimburse him for the replacement value of the lost item because there was no additional value declared and paid for at the time of the transaction (please see attached Terms and Conditions). Additionally, as referenced earlier I personally explained the consequences of not purchasing additional declared value coverage at the time of the shipment. [redacted] still refused to add the additional declared value for the shipment aware of what the possible outcome may be.Thank you for your consideration. If you have any questions or concerns feel free to give me a call or send me an email if you need any further information.Andrew CManager

Consumer

Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

Review: [redacted]

I am rejecting this response because: