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Property Law and Ownership and Contract Law

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C

colinsnj

Guest
Hi,

I recently purchased a Computer item from a well known online Auction website. The seller shipped it to me via UPS. I requested $200 insurance and payed for the item using my Mastercard. The item was never delivered by UPS. When I called them they said that the item was lost which I find hard to believe. The item weighs 64lbs and is constructed of steel with an outer protective casing of 1/4" thick aluminium, simply put, it can't disappear into thin air. I called UPS to see if I could track down the item. The guy I spoke to said that the item was damaged and was discarded and that I should make an insurance claim. My problem is this:

1. Do I still own the item even if it is damaged?
2. Do I have the right to have it delivered and to assess the damage and whether or not to make an insurance claim for myself?
3. If I decide that the damage is too severe and therefore make an insurance claim do I still own the item after I get the insurance check?
4. If I make an insurance claim UPS said they will only payout what I paid for the item which is less than $200. Can they do that or are they breaking the terms of the contract we entered into when I requested $200 insurance?
5. If UPS do not find the item can I report the item stolen to the local law enforcement and still collect the insurance check?


Thanks for any reply

Colin Scott
 


C

colinsnj

Guest
I forgot to say that I live in New Jersey and the item was shipped from Ohio.

Colin
 

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