UPS Lost My Package

What is the name of your state (only U.S. law)? TX or NY (not sure).

I'm not sure if I should post in this forum or Insurance so Mods please move this thread if I chose incorrectly. Thanks.

Hello. I currently reside in TX and recently sold 2 tickets to a sports event in NY on eBay to a buyer in who resides in NY. The purchase price I paid for the 2 tickets after taxes and fees was roughly $90 and I sold them for $120. I shipped the tickets to the buyer via UPS from a local UPS store location using their “3 Day Select” option which should have guaranteed a 3 day delivery. Well, not only did the tickets not arrive within 3 days, they did not arrive at all. The tickets were supposed to arrive on 6/26/08 for a 6/27 game. When I called UPS to complain they told me that I had to conduct all correspondences and file any claims through the UPS store where I shipped the package from. I’m guessing the stores are independently owned. So I contacted the store and they had UPS start a lost package trace and investigation but they still have not found the package. After about a week, the person I spoke to at the UPS store location said that they have talked to UPS and that UPS has agreed to refund my shipping cost but would not pay any claim for the lost package itself. All packages shipped via UPS are insured automatically up to $100. I don’t understand how they can accept a package for shipment with contents of a certain value, subsequently lose that package, and then say they are not responsible for compensating me for that loss. What recourse is available to me? What they are trying to do is unethical and in my mind tantamount to theft. I am not a lawyer or even remotely familiar with these matters so any advice anyone can give me will be greatly appreciated. I included the URL to the UPS Tariff/Terms and Conditions of Service document that I got off their website. I’m not sure if it will help or not. Thanks in advance for your help.

http://www.ups.com/media/en/terms_service_12312007.pdf

1. Unless you have refunded the money to the buyer, you have not suffered a loss.

2. UPS sells insurance for items valued over $100.

Thanks for the input racer.

Yes, I did refund the money to the buyer and I'm not sure what point you were trying to make with your second comment. Were you saying that since the contents of the package were less than $100 I am not insured?

This is why you have no case:

7. UPS’s liability for a package containing a phone card, gift certificate, gift card,
coupon, or other similar printed matter with an exchange value is limited to the
cost (which shall not include any amount of the value attached to the card,
certificate, or coupon, or similar printed matter) of replacing the physical
card(s), certificate(s), or printed matter, not to exceed $100 per package. In no
event shall UPS be liable for the face value of any phone card, gift certificate,
gift card, coupon, or similar printed matter.

If I understand the legaleze correctly, it is saying that UPS will only reimburse me for the cost of the paper the tickets is printed on. Is this correct?!?!

vne147 said:

If I understand the legaleze correctly, it is saying that UPS will only reimburse me for the cost of the paper the tickets is printed on. Is this correct?!?!

Click to expand...

That's what it sounds like to me

WOW! What a bunch of F'ing crooks. Next time I'll just lie and tell them I'm shipping something else.

Just curious for my own situation. If he had accepted reimbursement from UPS, but had not refunded the customer, what action would the customer be able to take to get reimbursed? Small claims? I am up against Microsoft. UPS reimbursed them for my lost package (the afore mentioned $100) but they refuse to reimburse me. It was an X-box 360 that I sent back to them for warranty repair using the UPS label and box they provided me for shipping.