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 daleeric
 
posted on March 2, 2002 08:59:32 PM new
This item was sent Fed Ex Ground last Friday. The Buyer Claims that she entered the tracking number on the Fed Ex site and the tracking system said it was delivered signature on file. I requested a copy of the signature and the signature does not reflect anyone's name just a squiggle line.

I asked the buyer if she lived in a condo if it was possible that the condo doorman or manager may have signed for it. She stated that she does not live in a condo and her neighbors all work so no one else could have signed for it. Hmmmm, how would she know what her neighbors schedule was? Maybe they were home sick or had a doctor's appointment. It was a Friday, so perhaps they just were home early. I find it strange that she does not want to entertain the idea that a neighbor could have signed for the package.

In my terms of sale, I have a few lines that state that it is the buyer's responsibility to file a claim and any reimbursement for the insured item will come from the shipper. So, I am not taking it on the chin for this one folks. What are your thoughts?
 
 ptimko
 
posted on March 2, 2002 09:22:01 PM new
If we assume that the buyer is telling the truth, then why not just ask the buyer to contact Fed Ex? If Fed Ex delivered the item to the incorrect recipient that is really a problem between the buyer and Fed Ex. Of course you may want to consider contacting Fed Ex yourself to hear what they have to say with regards to the situation, that way you and the buyer can compare notes as to the response from Fed Ex...

I also assume that if Fed Ex is responsible for the loss then they would also be responsible for any reimbursement...

 
 buddhafinder
 
posted on March 2, 2002 09:29:16 PM new
In spite of your TOS, I think it is the seller's (shipper's) responsibility to file a claim. I have had a couple of problems as a customer, and UPS would not even talk to me - referred me back to the shipper to file the claim. I think FedEx is the same.

 
 daleeric
 
posted on March 2, 2002 09:46:17 PM new
I intended to contact them Monday morning to let them know that the buyer did not receive the package. The item is insured so if they delivered it to an incorrect address; that is Fed Ex's responsibility. I will get the wheels rolling for the buyer. Still think it's odd that she doesn't think it is possible it was delivered to a neighbor's home. I would walk over and ask my neighbors on both sides at least.
 
 barparts
 
posted on March 2, 2002 09:48:55 PM new
buddhafinder,
If UPS did that to you, then they determined that the shipper did not package the item properly and they were not responsible. Otherwise, federal law require the recipient to file all claims against freight. All legal liability of the seller is transfered to the shipping company once they take possesion of a package including damage and loss. There are limits to the liability however and the shipper must buy extra insurance coverage for items not covered by base insurance. ie UPS covers up to $100 automatically. If an item has a value of $2000, then extra insurance coverage would need to be purchased. A seller may ask the buyer to pay for this and if the buyer chooses to not pay for it, then the buyer is fully liable for all except the first $100. This may not sound too fair, but it is the law.

Now as far as the person who states that they did not receive the item, the delivery confirmation is all you need as long as it states where they delivered the package matches where you shipped it.

Good luck in any case.
bp
 
 buddhafinder
 
posted on March 2, 2002 10:00:59 PM new
bp -

That's not how it's working in the two cases I've experienced. In one, the package was lost, and the shipper had to file the claim. In the other (in process), the shipper had to file the claim, and then the inspector called me to make a time to come see the package. They won't determine whether it is a problem with packing until the come and do that.

Otherwise, I think you are right regarding legal liability. But, the shipper paid for the insurance, and is seen as the beneficiary of the insurance.

daleeric

Good luck! I agree it sounds fishy. Couldn't be a bad as the last buyer of your's I was reading about here! Some people are just rigid, though, and maybe suspicious of you, as well. I'm betting it will work out when FedEx looks into it. The driver will remember where the package was left.

 
 classics
 
posted on March 3, 2002 02:56:57 AM new
You dont need to do anything, its in the buyers hands now.

When you sign the release form that lets FedEx drop packages with the 'signature on file', it explicitly says that packages are considered delivered once left and FedEx is no longer responsible.



 
 lattefor2
 
posted on March 3, 2002 08:05:21 AM new
Hi, just the other day, I took in a Fed Ex delivery for my neighbor, this neighbor lived 3 doors down from me, I am only assuming the driver came to my house because he does deliver here. Anyway, he told me that he will now go and leave a note on the neighbors door telling them where the package is. It looked to be a preprinted form that you fill out, and it hangs on a door knob.
One day, when I was just chatting with our UPS driver, he told me that if a signature is just a scribble or can not be made out they are requested to have the person sign again. He says that very rarely happens, and usually when it is left at a different address.
Reenie

 
 litlux
 
posted on March 3, 2002 08:44:49 AM new
Some thoughts. Fedex ground is not really Fedex but the old RPS with all the old bad habits that go with that much despised operation.

The RPS drivers will make a scribble rather than get an actual signature. They will leave packages where it is convenient for them to leave them, including out in the open on the steps. (I have had this happen, and still do!) So anyone can pick it up and walk a away with it. They can also place it between a screen door and front door which may not be used on a regular basis. They also put packages in open garages.

You should communicate this to the buyer, and let them know you will help initiate a claim, but they will have to cooperate with Fedex and the reimbursement will come from the shipping company.

And, if an item has delivered and signed for, concerns about mis-packaging are beside the point, don't you think?

Good luck!



 
 daleeric
 
posted on March 3, 2002 08:48:39 AM new
She was a nervous nellie before the package was delivered and e-mailed to ask what the hold up was. I told her there was no hold up and the package was in transit and gave the tracking number. The value is under $100. My husband thinks that she is just trying to get a freebee (spelled right?)

I went into Pay Pal last night and checked the verified address against my Fed Ex Record book with tracking number and it was exactly the same.

I think that she is annoyed that I asked if she lived in a condo and the doorman accepted the package or if a neighbor had it. I told her I would file a trace with Fed Ex Monday morning.

I have had the same experience with my handwriting. UPS always asks for me to print the name. Perhaps they have that on file as well.

I managed to escape the negative from my favorite "racist buyer from hell." Worried that a negative is coming on; it would be my first.
 
 Valleygirl
 
posted on March 3, 2002 06:38:56 PM new
Have your been to court yet on your "buyer from hell"? I'm sure we'd all like an update.


Not my name on ebay.
 
 buffalowoman
 
posted on March 3, 2002 10:18:07 PM new
Give the buyer the benifit of doubt. When a friend of ours retired,Fedex tossed a $30,000 + check on the ground over his driveway gate (it was his profit sharing). He was lucky he found it.Still don't know why he didn't have to sign for it I dont ever buy anything delivered by UPS. UPS doesn't care where or when they leave anything. They delivered 3 cases of Office supplies to my store before it opend & left them on the front step! This is one of the reasons I pay for delivery confirmation when I sell anything and why I pay extra for USPS when I purchase (they don't deliver after hours!)
afullbarn on eBay
 
 drbrownauctions
 
posted on March 4, 2002 07:14:53 AM new
buffalo woman. I've found the opposite to be true. My UPS driver won't leave anything unless I'm there to sign for it. I think once I had a big box full of packing envelopes and he knew that it was only worth about $5 so he left it. But they never leave me letters or anything.

USPS just drops the stuff downstairs. I promise that one time FedEx Ground left a computer sitting on my steps (at least it was the inside steps) while I was home. They didn't even bother to knock on the door.

 
 daleeric
 
posted on March 4, 2002 07:57:43 AM new
I contacted Fed Ex this morning and they said they would put a trace on it. She said they contact the driver to ask about it. The buyer said that she did go to the neighbors after I asked her to and she had no luck.

I don't really like the idea of leaving packages when the party is not home. I wonder if I can specify a preference.

What law is that regarding the sellers responsbility for claims? Is that the commercial code for your state?
 
 sonsie
 
posted on March 4, 2002 08:21:57 AM new
You should be able to specify that an item is delivered with a signature only. Look at the bottom right hand portion of the waybill for a place to check off to require a signature.
[ edited by sonsie on Mar 4, 2002 08:23 AM ]
 
 
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