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  1. #1
    Join Date
    Aug 2005
    Posts
    53

    Who is responsible for shipment

    I guess people here dealing with a lot of hardware so should have had problems like mine.

    I have purchased certain amount of hardware which was shipped to me via UPS but it never arrived. UPS conducted search and search was completed with result "we could not locate your shipment"

    I had "free shipment deal" with no extra closes, such as you should pay for insurance or we're not responsible for anything.

    My question is what does law say in this case is shipper by default is responsible for delivery or me if that was not cleared separately ?

  2. #2
    Join Date
    Jan 2004
    Location
    North Yorkshire, UK
    Posts
    4,163
    I take it you bought this from a vendor and they shipped it? Have you contacted them?

    Technically you paid for a product that never arrived so it's their responsibility to sort out the issue or refund you your cash, not your responsibility to try and get cash out of UPS.

    Dan

  3. #3
    Join Date
    Aug 2005
    Posts
    53
    Right.

    I spoke to the Vendor and they talked to UPS I guess and after negative results from UPS search they started to act funny as not returning phone calls etc. I've filed chargeback with my credit card company and purchased things in other place and now simply checking what my options are

  4. UPS ALWAYS asks shipper, not receiver, to handle any claim matters.

    you have an excellent chance to receive a successful charge back because merchant (i've been VISA/MC merchant over 16 years) always bears the responsibility of providing "proof of delivery". in your case, the merchant won't be able to do so.

    also, for high-dollar amount purchase, always ask for "signature required", just "delivery confirmation" is not good enough. otherwise UPS driver can just leave your package at the door. what happens if package is taken by thief from outside your door? well, UPS will still call it "delivery was confirmed", then you are totally out of luck.

  5. #5
    Join Date
    Aug 2005
    Posts
    53
    Right. I only could submit the claim and shipper handled it from where.

    The UPS delivered item to "someone" the status ended up being signed by "WOO" while there is no such person at the address supplied.

    This is where my concerns mainly lays - how UPS can prove they actually did deliver to correct place ? I've seen cases of item being left to neighbours asking them to pass it back later on.

  6. #6
    Join Date
    Apr 2004
    Posts
    1,834
    On a side note, there are many colocation facilities that, if they are shipping YOUR equipment back to YOU, will not provide a shipping label.

    This thrust the responsiblity of deliver soley on YOU.
    Ray Womack @ atOmicVPS LTD
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  7. #7
    Join Date
    Aug 2002
    Location
    Seattle
    Posts
    5,512
    Peter,

    If you ordered a product that never arrived and you paid by credit card you should be within your right to dispute the charge.

  8. #8
    Join Date
    Apr 2004
    Posts
    1,834
    Quote Originally Posted by IRCCo Jeff
    Peter,

    If you ordered a product that never arrived and you paid by credit card you should be within your right to dispute the charge.
    I am not an expert in business law or the uniform commercial code which most juristictions have adopted.........I feel that it is the shipper/seller's responsiblitiy to provide shipping insurance and coverage, I feel anything less would be considered negligence on their part.

    Please update us on the resolution, interesting topic.
    Ray Womack @ atOmicVPS LTD
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  9. #9
    Join Date
    Aug 2002
    Location
    Seattle
    Posts
    5,512
    Quote Originally Posted by PSFServers
    I am not an expert in business law or the uniform commercial code which most juristictions have adopted.........I feel that it is the shipper/seller's responsiblitiy to provide shipping insurance and coverage, I feel anything less would be considered negligence on their part.

    Please update us on the resolution, interesting topic.
    Ethics and UCC aside, it's part of your protection as a credit card holder. If you purchase something that you do not receive it becomes the merchants liability.

  10. #10
    Join Date
    Feb 2004
    Posts
    962
    Quote Originally Posted by PeterZaitsev
    Right. I only could submit the claim and shipper handled it from where.

    The UPS delivered item to "someone" the status ended up being signed by "WOO" while there is no such person at the address supplied.

    This is where my concerns mainly lays - how UPS can prove they actually did deliver to correct place ? I've seen cases of item being left to neighbours asking them to pass it back later on.
    Was Woo's last name Hoo, as in "Woo Hoo, I just stole somebody's server" ?

  11. #11
    Join Date
    Feb 2003
    Location
    North Hollywood, CA
    Posts
    2,554
    Quote Originally Posted by mhalligan
    Was Woo's last name Hoo, as in "Woo Hoo, I just stole somebody's server" ?
    hehe

    I would say its all on the vendor... They sent it, you paid for it and it never came.
    What vendor did you go with ill put them on my blacklist..
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  12. #12
    Join Date
    Aug 2006
    Posts
    75
    I'm a bit confused. Is UPS saying the shipment was delivered, but you don't know where or are they saying that they just can't find it? This will have a material effect on your chargeback claim.
    Caro.Net: Support is everything
    Offering High Quality Dell Dedicated Servers since 1995

  13. #13
    Join Date
    Apr 2005
    Location
    Oz
    Posts
    3,498
    I agree with Dan and Jeff, this is definitely the vendors fault. When I order something from any place, I expect the vendor to ensure that it is properly packed, that the right item is being shipped, and that the correct amount of insurance (or at least some insurance) is applied. I expect the product to get to me, as I paid for it and ordered it. I don't see how it can be the recipients fault, when the sender handles 99% of the transaction (all the recipient does is sign for it and pay for it).

    Like Jeff said, if this is on a credit card and you can not get the vendor to cooperate, do a chargeback. Don't be too hasty to do so though; UPS support is not all that quick.


    Alex

  14. #14
    Join Date
    Mar 2003
    Location
    California USA
    Posts
    13,294
    i once had some hardware end up 5 miles away at a plumbing shop
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  15. #15
    My most recent Newegg/UPS shipment ended up falling out of the back of the truck and tumbling into a ditch - as near as I can tell:

    http://www.page-zone.com/forums/atta...l-dscn3476.jpg

    http://www.page-zone.com/forums/atta...l-dscn3484.jpg

    And came with some extra parts

    http://www.page-zone.com/forums/atta...l-dscn3485.jpg

  16. #16
    Quote Originally Posted by [email protected]
    UPS ALWAYS asks shipper, not receiver, to handle any claim matters.

    you have an excellent chance to receive a successful charge back because merchant (i've been VISA/MC merchant over 16 years) always bears the responsibility of providing "proof of delivery". in your case, the merchant won't be able to do so.

    also, for high-dollar amount purchase, always ask for "signature required", just "delivery confirmation" is not good enough. otherwise UPS driver can just leave your package at the door. what happens if package is taken by thief from outside your door? well, UPS will still call it "delivery was confirmed", then you are totally out of luck.
    Reminds me of pulling up to my office and seeing box of about $5600 worth of cash paid (bank transfer) Opteron 285's sitting in front of the door. In a box about 1 cubic foot in size
    Last edited by page-zone; 01-11-2007 at 11:38 PM.

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