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Stolen packages from UPS Store

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abam

Junior Member
then why would UPS reimburse you for anything?
because the packages(to be more specific, the content) were stolen after they were delivered to my UPS Store mailbox. Hey, I pay UPS Store $600/year for the mailbox to keep the packages safe. With the same sucess I could have them shipped to nowhere and won't have to pay $600/year at least.
 


abam

Junior Member
I suspect USPS will not reimburse anybody either since they packages reached their destination and most likely, were signed for as being in non-damaged condition. UPS has nothing to do with this other than their name is on the store.


This is going to be (as has been stated before) based on your contract with the UPS store.
Ofcourse USPS won't reimburse. Why should they? They delivered the packages to UPS Store as they should. They can't be responsible for the packages after that. But UPS is responsible. You mean UPS Store company which sells franchises (which is different from just UPS company) won't reimburse and I should ask for reimburse from franchizee (the person who runs this UPS Store)? If so, then he lied to me because he told me that UPS Store itself will reimburse me.
 

Zigner

Senior Member, Non-Attorney
because the packages(to be more specific, the content) were stolen after they were delivered to my UPS Store mailbox. Hey, I pay UPS Store $600/year for the mailbox to keep the packages safe. With the same sucess I could have them shipped to nowhere and won't have to pay $600/year at least.
The fact that you pay $600 per year to the independent franchisee means that your agreement with said franchisee will spell out your options.

Go look at the contract you signed. Report back afterwards.
 

Zigner

Senior Member, Non-Attorney
Ofcourse USPS won't reimburse. Why should they? They delivered the packages to UPS Store as they should. They can't be responsible for the packages after that. But UPS is responsible. You mean UPS Store company which sells franchises (which is different from just UPS company) won't reimburse and I should ask for reimburse from franchizee (the person who runs this UPS Store)? If so, then he lied to me because he told me that UPS Store itself will reimburse me.
Right...the STORE, not UPS itself.
 

Zigner

Senior Member, Non-Attorney
Yep, this is correct :)
Let's say that you paid your neighbor Bob to receive packages for you. Let's say that Bob received a package. Let's say that Bob lost/damaged/whatever that package (by negligence) after he had received that package. Bob is the person responsible.

Now, let's say that you replace each instance of the name "Bob" with "UPS Store".


See where I'm going with this...?
 

justalayman

Senior Member
because the packages(to be more specific, the content) were stolen after they were delivered to my UPS Store mailbox. Hey, I pay UPS Store $600/year for the mailbox to keep the packages safe. With the same sucess I could have them shipped to nowhere and won't have to pay $600/year at least.
because UPS has no dog in this fight. A UPS store is an individually owned franchise. I can state with few reservations that UPS does not indemnify the UPS store owners for their liabilities that UPS has not caused.
 

abam

Junior Member
I just read the agreement, it says 'CUSTOMER HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF THE CENTER AND MBE, IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR PERFORMANCE HEREUNDER SHALL NOT EXCEED $100.00 REGARDLESS OF THE NATURE OF THE CLAIM'.*

OK, so it seems like no one is responsible and I should forget about my $7k, right?
Consider it when renting a mailbox, lol

* CENTER AND MBE means UPS Store
 

justalayman

Senior Member
I just read the agreement, it says 'CUSTOMER HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF THE CENTER AND MBE, IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR PERFORMANCE HEREUNDER SHALL NOT EXCEED $100.00 REGARDLESS OF THE NATURE OF THE CLAIM'.*

OK, so it seems like no one is responsible and I should forget about my $7k, right?
Consider it when renting a mailbox, lol

* CENTER AND MBE means UPS Store
I would suggest contesting that, in court, if necessary. It would be unconsionable for them to be able to remove liability for actions such as gross negligence or theft. The law tends to not like unconsionable contracts.


Basically, that contract would allow somebody at the store to steal every package that ever came into the place and owe each claim only $100. That is unreasonable.

If it were me, I would argue the contact would only be enforceable upon mistake, error, or simple negligence (something such as: whoops, we dropped your package and broke it).

If they refuse to compensate you, I would get right back with the police and push them to move this along for the criminal actions involved. Depending on how the store handled it, they may not be able to escape criminal liability for the events. Unless they can show somebody broke into the store and stole your packages and if access to the packages was otherwise limited, the thief becomes easier to identify.


I would also contact the offices of UPS that deal with their franchisees. Something like this gives them a bad reputation. I don't know if they will do anything about it to help you but it could result in the franchisee being penalized in some way.
 
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abam

Junior Member
I would suggest contesting that, in court, if necessary. It would be unconsionable for them to be able to remove liability for actions such as gross negligence or theft. The law tends to not like unconsionable contracts.
Thank you! I did not know there is such option (contesting contract) in court.*


Basically, that contract would allow somebody at the store to steal every package that ever came into the place and owe each claim only $100. That is unreasonable.
even not for EACH claim but the total amount of all claims can't exceed $100.00 if I understand correctly. If it were for each claim then I could ask for 45 (amount of stolen packages, let's assume I file claim for each) x $100 per claim = $4.5k which would be not bad at all
 

abam

Junior Member
.I would also contact the offices of UPS that deal with their franchisees. Something like this gives them a bad reputation. I don't know if they will do anything about it to help you but it could result in the franchisee being penalized in some way.
That's what I am about to start with. I called UPS Store head office today and described the issue. They told me they will contact my UPS Store owner and speak with him. I was told to call back after 48 hours. I believe it is the only way for me to make the UPS store owner to reimburse me (at least partially).

I don't believe police is any help in this issue. The last option will be to contest the contract as you suggested me.

I will update the topic.
 

justalayman

Senior Member
I don't believe police is any help in this issue. The last option will be to contest the contract as you suggested me.

.
I wouldn't discount the criminal issue in this. Somebody stole the merchandise. If it is secured, either somebody broke into the place (which the police would have been called to report) or it is somebody within the company. Depending on the number of employees, the odds of picking the one may not be that difficult.


My question is:

why didn't the people at the UPS store call the police? The merchandise was stolen from them.
 

abam

Junior Member
I wouldn't discount the criminal issue in this. Somebody stole the merchandise. If it is secured, either somebody broke into the place (which the police would have been called to report) or it is somebody within the company. Depending on the number of employees, the odds of picking the one may not be that difficult.


My question is:

why didn't the people at the UPS store call the police? The merchandise was stolen from them.
I just called the detective and he told me there is not much they can do. The UPS Store owner found the packages were opened when I came to pick them up. Either he is a great actor or he was shocked himself.
 

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