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Fed ex misdelivered overnighted dog meds

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ktaylor1978

New member
My dog got fleas for the 1st time. I ordered flea meds from pet meds. They were sent overnight because my dog couldn't rest. I waited by door all day for fed ex, i tracked it said delivered at door. Had my door open all day waiting so knew it wasn't my door... After hours on phone find out its misdelivered.. I walked the couple blocks to get package, not there either... Finally called pet meds to overnight more, on phone so long, to late... So my poor dog has suffered for days.. I've had to sit and brush for fleas constantly.. Hopefully i get my order tomorrow.. I'm in the high risk group and can't go out, have no car. I was so upset yesterday, from spending hours on the phone and seeing my dog keep digging.. I literally had a headache so bad, everytime my heart beat, it felt like my head would pop, but had to continue to wait hours to talk to anyone.. I feel they should have to at least pay the overnight shipping cost and my dog some bones!!
 
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adjusterjack

Senior Member
If you had to pay for the second shipment you can ask FedEx to cover the cost. No guarantees but if you are out anything, that would be the limit.
 

FlyingRon

Senior Member
Did Pet Meds charge you for both shipping? It's they who need to make the claim with FedEx as the shipper anyhow.
 

Zigner

Senior Member, Non-Attorney
My dog got fleas for the 1st time. I ordered flea meds from pet meds. They were sent overnight because my dog couldn't rest. I waited by door all day for fed ex, i tracked it said delivered at door. Had my door open all day waiting so knew it wasn't my door... After hours on phone find out its misdelivered.. I walked the couple blocks to get package, not there either... Finally called pet meds to overnight more, on phone so long, to late... So my poor dog has suffered for days.. I've had to sit and brush for fleas constantly.. Hopefully i get my order tomorrow.. I'm in the high risk group and can't go out, have no car. I was so upset yesterday, from spending hours on the phone and seeing my dog keep digging.. I literally had a headache so bad, everytime my heart beat, it felt like my head would pop, but had to continue to wait hours to talk to anyone.. I feel they should have to at least pay the overnight shipping cost and my dog some bones!!
Not even a thought to simply giving your dog a bath?
 

Mass_Shyster

Senior Member
You didn't mention what state you are in, so I'll respond with the generally accepted common law. The controlling case is Hadley v. Baxendale, The Court of Exchequer (England), (1854). In short, Hadley contracted with Baxendale to make a delivery on a certain date. Baxendale failed to make the delivery on the agreed date. This caused Hadley to suffer losses. Hadley sued Baxendale for those losses. The court held that Hadley had not communicated the urgency of the matter to Baxendale, so Baxendale had no way to know that failure to deliver on the prescribed date would cause loss to Hadley, therefore Hadley was not entitled to those damages to be reimbursed by Baxendale.

If you look at the Fedex contract, you'll see that they explicitly disclaim all consequential and incidental damages.

Also, as was pointed out above, your agreement was with pet meds. Pet meds contracted with Fedex. I'll bet if you check with pet meds, you'll also find that they disclaimed all consequential and incidental damages.

You should not have to pay pet meds for the item that you never received.
 

Zigner

Senior Member, Non-Attorney
It should be noted that the OP has not given any evidence of any actual damages in the first place.
 

quincy

Senior Member
You didn't mention what state you are in, so I'll respond with the generally accepted common law. The controlling case is Hadley v. Baxendale, The Court of Exchequer (England), (1854). In short, Hadley contracted with Baxendale to make a delivery on a certain date. Baxendale failed to make the delivery on the agreed date. This caused Hadley to suffer losses. Hadley sued Baxendale for those losses. The court held that Hadley had not communicated the urgency of the matter to Baxendale, so Baxendale had no way to know that failure to deliver on the prescribed date would cause loss to Hadley, therefore Hadley was not entitled to those damages to be reimbursed by Baxendale.

If you look at the Fedex contract, you'll see that they explicitly disclaim all consequential and incidental damages.

Also, as was pointed out above, your agreement was with pet meds. Pet meds contracted with Fedex. I'll bet if you check with pet meds, you'll also find that they disclaimed all consequential and incidental damages.

You should not have to pay pet meds for the item that you never received.
The state is West Virginia (post #5).

As a note: Neither a dog bath nor combing the dog will rid the dog of fleas if the house has fleas (which it probably does after several days of having a flea-infested dog residing inside).
 
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Just Blue

Senior Member
Not even a thought to simply giving your dog a bath?
A bath with warm water and comb through the dogs coat with a fine tooth nit comb while the pooch is sudsy. Rinse. Repeat.

Remember to start shampooing at the top of the head and around the neck (then work down the body) so the flees don't run onto your dogs face to escape the soap/water.

In the future, OP, keep your pet dosed with Frontline. ;)
 

quincy

Senior Member
A bath and comb will not work on its own.

Commercial message: We use “Revolution” to prevent ticks and fleas. It is easy to apply and works well.
 

Just Blue

Senior Member
A bath and comb will not work on its own.

Commercial message: We use “Revolution” to prevent ticks and fleas. It is easy to apply and works well.
No, it won't work completely on it's own...but will offer some relief to Fido until the med's arrive. "Frontline" was what I use...but they are basically the same thing, correct? A little squirt at the base of the neck once a month?


Of course Fido wouldn't have fleas if OP protected him in the first place. :(
 

Zigner

Senior Member, Non-Attorney
No, it won't work completely on it's own...but will offer some relief to Fido until the med's arrive. "
That, exactly. OP chose to sit by, hour after hour, watching the pet suffer, when a quick bath (pet bath) would have relieved the immediate pain/discomfort that the pet was experiencing.
 

quincy

Senior Member
That, exactly. OP chose to sit by, hour after hour, watching the pet suffer, when a quick bath (pet bath) would have relieved the immediate pain/discomfort that the pet was experiencing.
I agree that a bath can provide a dog with temporary relief - but the house probably needs a bath, too.
 

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