Is the courier liable?

[Larryh67]

I shipped a package with FedEx. Unfortunately, the first letter of the street address was incorrect. This resulted in a street that does not exist in the city where the package was shipped. FedEx put on their tracking website that the package was delivered to the shipping address. After 5 conversations with 7 different FedEx reps, the package is still missing.

Since FedEx willingly and knowingly delivered the package to an address other than the listed shipping address, are they liable? Does their liability include the sentimental value (my kids sending stuff to their grandmother)?

Any help would be appreciated. Thanks

 

[quincy]

I shipped a package with FedEx. Unfortunately, the first letter of the street address was incorrect. This resulted in a street that does not exist in the city where the package was shipped. FedEx put on their tracking website that the package was delivered to the shipping address. After 5 conversations with 7 different FedEx reps, the package is still missing.

Since FedEx willingly and knowingly delivered the package to an address other than the listed shipping address, are they liable? Does their liability include the sentimental value (my kids sending stuff to their grandmother)?

Any help would be appreciated. Thanks

What is the name of your state?

 

[LdiJ]

What is the name of your state?

While I understand why you are asking the name of the OP's state, Fed Ex, like UPS and other shipping services have standard shipping contracts that apply nationwide when you agree to use their services.

My experience with such services goes back to about 15-20 years so I do not feel very equipped to answer to today's climate. However 15-20 years ago not buying insurance and giving a wrong address would basically make the OP SOL.

 

[Larryh67]

I live in Arkansas.

 

[quincy]

While I understand why you are asking the name of the OP's state, Fed Ex, like UPS and other shipping services have standard shipping contracts that apply nationwide when you agree to use their services.

My experience with such services goes back to about 15-20 years so I do not feel very equipped to answer to today's climate. However 15-20 years ago not buying insurance and giving a wrong address would basically make the OP SOL.

I am glad you recognize the reason for my question.

The state name has been requested of all posters since the forum's inception because this forum is for US laws only (and in the US state laws and resources vary from state to state).

Thank you for providing your state name, Larry. Here is a link to the FedEx Shipping Guide: http://www.fedex.com/cm/shippingguide/terms/

Click on "Liabilities Not Assumed."

 

[LdiJ]

I am glad you recognize the reason for my question.

The state name has been requested of all posters since the forum's inception because this forum is for US laws only (and in the US state laws and resources vary from state to state).

Yes, but Fed Ex's and UPS's standard contract does not vary at all from state to state, and varies very little from country to country...or at least that was the case 15-20 years ago.

 

[Larryh67]

The package originated in Arkansas, where I live, and was "misdelivered" in Florida.

 

[quincy]

The package originated in Arkansas, where I live, and was "misdelivered" in Florida.

Thank you for the additional information, Larry. You can read the section of the guide I linked to for that which FedEx claims no liability.*

Was the package insured?



*At least, these are their policies today. It might have been different 15 or 20 years ago.

 

[Larryh67]

Courier liable?

No, the package wasn't insured. I tried the link on my phone, but it didn't work. I'll have to try on my computer.
Also, I guess my issue is that it wasn't "lost", but rather they said they delivered it to the shipping address. Even one of the FedEx reps said the address must exist if they said it was delivered there. Through the internet and a call to the chamber of commerce, I've found it doesn't exist. That seems more like fraud, negligence or theft rather than just losing a package.

 

[LdiJ]

No, the package wasn't insured. I tried the link on my phone, but it didn't work. I'll have to try on my computer.
Also, I guess my issue is that it wasn't "lost", but rather they said they delivered it to the shipping address. Even one of the FedEx reps said the address must exist if they said it was delivered there. Through the internet and a call to the chamber of commerce, I've found it doesn't exist. That seems more like fraud, negligence or theft rather than just losing a package.

A great part of the problem is that you put down an incorrect address. That is what is going to sink you. AND...if the difference was something minor, then that will sink you even more.

 

[quincy]

No, the package wasn't insured. I tried the link on my phone, but it didn't work. I'll have to try on my computer.
Also, I guess my issue is that it wasn't "lost", but rather they said they delivered it to the shipping address. Even one of the FedEx reps said the address must exist if they said it was delivered there. Through the internet and a call to the chamber of commerce, I've found it doesn't exist. That seems more like fraud, negligence or theft rather than just losing a package.

Hmm. The link works on my phone.

When you can access the FedEx site, in addition to clicking on the Liability section, you can also click on Claims (and follow the directions for filing one). If the error was yours, don't expect much from your claim.

For the future, insuring packages is smart.

Good luck.