UPS wants paid for COD package that I didn't sign for and would have declined...

[Ghostbuster]

What is the name of your state? NC

Hello...I hope this is the correct forum for this topic. An international package was mailed to me COD (cash on delivery), and a family member signed for it when it arrived. Had I been present, I would have declined the package. Am I legally required to pay the shipping fees for this package? Thank you.

 

[Chien]

Ooops. Sorry, this isn't the correct forum. Too bad really, 'cuz we know the answer. When you find the correct forum, come back and get us.

 

[Ghostbuster]

I looked at all the forums, and this one seemed to be the most appropriate. Where should I post the thread instead? Why don't you just tell me the answer?

 

[Ghostbuster]

Does it go in "Business Contracts and Franchises"?

 

[Chien]

Ahhh, what the hey - can't fault a serious search for truth in the universe..
Do you know and have a relationship with the shipper (a business relation, a platonic relation, as it pertains to shipping goods)? That question is not as irrelevant as it may seem because, yes, you do owe the charges (unless the "family member" was a minor and not authorized to sign for anyone, much less you).

But the chances are that the charges are not large enough for UPS to try to do anything but collect from all who might be liable. That emcompasses you and, possibly, the shipper. So UPS tries to collect from you (because *you* accepted and retained the package and owe the charges). Then, when you refuse to pay, as you apparently intend, UPS will go after the shipper.

The shipper will pay or it won't. If it does, it will be subrogated to UPS' rights against you. If it doesn't, UPS will probably suspend/cancel its shipping rights through UPS.

If the shipper pays to keep its transport channels open, it comes after you or it doesn't. If it's subrogated to UPS' rights, it wins, but is it worth it as a practical matter? (If you imported an elephant and charges are in that ballpark, jump in, because it changes things).

So that's why I ask if you're friends with the shipper. Beyond that, you can figure out what comes next.

 

[Ghostbuster]

Thanks for the help.

 

[Chien]

Ahhh. Facts eventually come out. Don't suppose that you have any evidence of the promise to ship free samples? And was the offer to ship free samples or free samples free of charge?

Did you get charged for the samples? Whether you did or not, you're not obliged to pay for or return them. If you pay for the shipment, can you mitigate your damages by selling or donating the samples?

Understand that I'm not advocating non-payment, and I understand your indignation, but I did speculate that, as a practical matter, nobody is going to get chased very far for this. You have to decide what course of action conscience dictates.

 

[Ghostbuster]

Thanks for the help.