WARNING! don't trust UPS!

["Tracey" <tracey@tbt.co.za>]

Hi, Lif. 

 

 

I think UPS is taking a chance here.  You contracted with them via their agent, and they are bound by the principle of ostensible authority (in SA law, in any event) by whatever their agent represents.  Seems to me that, unless there is a clause in the contract which excludes them from liability for damage to your property, you have a claim against them.  The only caveat I might offer, however, is that you should ensure that there were no signs at the shipping place which excluded them from liability.  That would affect the position.

 

 

I would gun for them, if I were you.  As far as I am concerned, anybody who offers a service should ensure that they deliver what they promise : I think this is a legal and a moral duty, not to mention good business sense!

 

 

Good luck.

 

 

Tracey

 

 

Lif wrote:

Paul and I have just learned a lesson the hard way.  Artists, collectors, antique people  and others who have one-of-a-kind items - DO NOT SEND VIA UPS!   We just sent some artwork via UPS - first it was lost for over 10 days, then when it arrived it was found to have suffered water damage. 

A full week after first filing a claim (we thought we had done right by insuring it) we now find out that UPS has a policy of not accepting one-of-a-kind items for shipping.  [Note:  Go to their web page - there's no mention of this].  Doesn't matter whether the place you ship your UPS package from tells you this (we used a local UPS authorized shipper [note:  UPS definition is Authorized Shipping Outlets (ASOs) and Commercial Counters, privately owned retail stores where you may ship packages via UPS] , which is a carpet company)  - UPS says because of their policy *they're* not liable, the originating shipper is - get this - because we wrote our check out to the shipper.  Well, just try telling that to the shipper. 

Even though we insured the artwork, we may not be able to recover even the cost of repairing it (if it even can be repaired) because of UPS's one-of-a-kind rule.  If such an item is damaged beyond a certain amount, they MAY pay you, but then they will take the item from you, in effect buying it from you whether you want that or not.

So - if you are shipping antique saddles, equine artwork, custom jewelry or anything that is a one of a kind, remember, DON'T RISK YOUR UNIQUE VALUABLES WITH  UPS!  Lif

PS  You might pass this on to friends you have who are artists,  collectors, etc., particularly if they are using UPS to ship valuable one-of-a-kind items sold on eBay or other auction sites.

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