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Joined:
December 2004
Posts: 1673
Location: SoCal | Logging into our UPS account, I am forced to accept their new Service Agreement...
"9. Limitation of Liability. ...IN NO EVENT SHALL THE LIABILITY OF ALL THE UPS PARTIES FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED, IN THE AGGREGATE, ONE THOUSAND UNITED STATES DOLLARS (USD $1,000), ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY YOU."
What if I declare a value and purchase their insurance?
I searched the agreement and found no mention if this applies to their Declared Value Insurance. |
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Joined:
December 2006
Posts: 6268
Location: Florida Central Gulf Coast | Our brilliant Founding Fathers are rolling in their graves!
ALERT: the following is not a political, but an historical statement.
Our national inattentiveness and our personal greed has greased the ol' slippery slope.
Outside Independence Hall when the Constitutional Convention of 1787 ended, Mrs. Powel of Philadelphia asked Benjamin Franklin, "Well, Doctor, what have we got, a republic or a monarchy?"
With no hesitation whatsoever, Franklin responded,"A republic, if you can keep it."
Your post is partial proof that BF had fears that have and continue to be manifested. |
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Joined:
June 2006
Posts: 7307
Location: South of most, North of few | Noah, I bought a guitar that was damaged in shipping, and had a declared value of 1700.00. After 3 months of badgering UPS they paid 1574.00 to the seller (he had refunded my money). I don't know how they came up with that number, but I told him, "a bird in the hand" so to speak. He originally charged me, and refunded me 1600.00, so he didn't loose much on it. I was surprised he got anything at all from them. |
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Joined:
July 2002
Posts: 1900
| Sounds like UPS wants it both ways. They want you money to shipped your valuables, they just don't want to be responsible in the process.
Why don't they just say if it's worth more than a thousand bucks they won't ship it. No, they make you sign away your expectations that they have to do a good job... |
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Joined:
May 2006
Posts: 4233
Location: Steeler Nation, Hudson Valley Contingent | If at all possible, I avoid UPS for shipping. (Admittedly, sometimes your just plain stuck with'em. :mad: ) After they bashed up my MM-68 a couple of years ago, I had a VERY lengthy tussle with them. It ended shortly after I informed them that if nothing was the best they could do, then the LEAST I could do was spread that information at every opportunity. |
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Joined:
November 2007
Posts: 143
Location: Feeding Hills, MA | Does FedEx have a similar policy? |
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January 2002
Posts: 14127
Location: 6 String Ranch | They are probably all about the same, just like the airlines. If one can get away with it they all follow. Nothin personal, just bizness. |
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Joined:
January 2006
Posts: 5881
Location: Colorado Rocky Mountains | Just last month I shipped a guitar back to the Mothership via UPS and paid extra to insure it for $2,400 I'm not sure how the paragraph 9 limitation applies, if at all, to additional insurance purchased supplemental to the basic contract. There's a lot of boilerplate to consider. |
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September 2003
Posts: 9301
Location: south east Michigan | Boilerplate...
Is there a lawyer in the house!!!???!! |
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Joined:
May 2006
Posts: 4233
Location: Steeler Nation, Hudson Valley Contingent | Originally posted by Mauvais Beal:
They are probably all about the same, just like the airlines. If one can get away with it they all follow. Nothin personal, just bizness. I agree, but at least they can be courteous or just plain nice in their intransigence. I did not get any further with a claim against the Post Office, but they were professional and did not brow-beat me. Nor did they once suggest that I was somehow at fault.
I find it ironic that people say America has become primarily a "service" economy, yet so many large corporations display utter incompetence or seeming disdain in the actual application of Customer Service. :rolleyes:
Thankfully, the folks at Ovation are a glaring exception to the above. :cool: |
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Joined:
July 2002
Posts: 1900
| A few days ago I carefully packaged up my guitar for a friend of my daughter's to ship to New Hartford. He has a business account that uses UPS exclusively. He insured it for $2000. I haven't gotten the bill yet for the shipping, but he never mentioned there was a limit on the insurance.
I'll let you know what happens... |
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Joined:
November 2005
Posts: 1126
Location: Omaha, NE | I'm not sure where the original quote came from, but its not correct. The actual limitations of liability clause in their contract starts on page 39 and goes on to page 42. You can download the whole thing here . There is no blanket $1000 cap on liability.
And I'm still trying to figure out why the Founding Fathers would be rolling in their graves over this. |
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Joined:
December 2004
Posts: 1673
Location: SoCal | Jeff,
As I said, while logging into our UPS account last night, I was presented with this new Service Agreement to accept. It is their updated Technology Agreement. That Liability Limit clause stuck out as a concern because it appears so broad.
I checked the "contract" online and as you said, the limitations of liability still read the same. |
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Joined:
March 2005
Posts: 12759
Location: Boise, Idaho | Originally posted by Slipkid:
Boilerplate...
Is there a lawyer in the house!!!???!! There are inhouse lawyers and then there are the other kind like me--an outhouse lawyer. We have to clean up crap like this. One general rule is that if there's an ambiguity, like two inconsistent clauses, the ambiguity will be construed against the drafter. There. |
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Joined:
July 2002
Posts: 1900
| ...right...so, if the Beer tastes funny it's the bartender's fault... ;) |
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September 2006
Posts: 10777
Location: Keepin' It Weird in Portland, OR | Ovation shipped my rebuilt 1115-HB by UPS.
[I really have no point... :p ] |
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$1000 Limited Liability?... UPS Service Agreement
