fedex lost package

[s_hale]

What is the name of your state? Texas
my husband ordered a part for his truck from the internet. he paid for it, and the seller shipped it. during shipping the box was damaged and half of the shipment was lost. fedex is not doing anything to help. and we're out the money and the part for the truck. how can we get our money back or the package lost? is the seller responsible or fedex?

 

[spike1951]

Did you pay the seller for insurance??

If it was ebay, many sellers state that if you don't buy insurance the seller is not responsible.

Contact the seller, whether ebay or not, and see what their policy was.

Some sellers are more willing to fix problems like this than others.


Good Luck

 

[s_hale]

it was in a truck part forum. an individual - not a company.

 

[spike1951]

Did you pay the seller for insurance??

Again:

Did you pay the seller for insurance??

 

[s_hale]

my husband said that the cost of the part and shipping was all figured together. he assumed the guy was including the cost of shipping insurance. after fedex mishandled the package my husband called the guy back - the sellers response "i forgot to insure it".

 

[cur7is]

If he says he "forgot to insure it" when he intended to, then he's at fault. Especially if it was understood there would be insurance on it before it was shipped out.

 

[JETX]

"how can we get our money back or the package lost? is the seller responsible or fedex?"

You've gotten some general 'feel good' responses, but none of them are based in law.

1) You did not request, nor pay for insurance. This is shown in your post, that your husband "assumed the guy was including the cost of shipping insurance.". That was his error.
2) Your post says that "during shipping the box was damaged and half of the shipment was lost." Why did you/he accept delivery when the package was clearly 'damaged'?? By accepting an obviously damaged package, the liability is yours.

Bottom line, unless there was a clear understanding that the package would be insured, the seller has no obligation to you once the item is accepted by FedEx.

With that, the FedEX 'Terms and Conditions' would apply (a copy can be found at:
http://www.fedex.com/us/services/pdf/SG_Vol3_TermsCond.pdf?link=4

Here is an excerpt of their T&C's which will hurt your claim:
"G. Except in the case of concealed damage, receipt of the shipment by the recipient without written notice of damage on the airbill is prima facie evidence that the shipment was delivered in good condition."

So, file your claim with FedEx (with a copy to the shipper) and see what they say..... however, from their T&C's, I assume your claim will be denied.

 

[s_hale]

we did not accept the package as it was delivered by fedex. they took it back. they said they would find the rest of it and redeliver it. that was six months ago. and we've been getting no where with them over the phone. the funny thing about it all is that my husband is a diesel mechanic for cummins and he fixes their trucks all the time.

 

[JETX]

Stephanie:
Did you file a claim with FedEx as required by their T&C's (referenced in my post)?
If so, what was their response?
If not, why not??

In any case, what exactly have you done about this problem?