FedEx SNAFU with turntable

Discussion in 'Random Thoughts' started by sphinxvc, Dec 21, 2016.

  1. sphinxvc

    sphinxvc Gear Master (retired)

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    I need some advice related to an insurance claim, a turntable, and FedEx. This is going to be long, detailed and boring so fair warning.
    1. 6 months ago, I shipped a deck at a FedEx Authorized Shipcenter in NJ.
    2. The deck (51lb) was packed in original packaging, and the arm (3lb) was packed and shipped by the Shipcenter.
    3. Unbeknowst to me, the labels were swapped, and the 3lb package received the 51lb label, and the 51lb package received the 3 lb label. The 3lb package was insured to about $700, and the 51lb to $1,300.
    4. A few weeks later, I was informed by the buyer that the arm arrived, but not the table. It disappeared into the Midwest (think Fargo).
    5. I contacted the store and asked them to file a claim with FedEx for loss.
    6. I'm asked by FedEx to provide proof of value, so I forward that information along with photos from the recipient proving the swapping of labels.
    7. After not hearing anything for weeks, I followed up with the store and was told to contact FedEx, when I contacted FedEx, they said they could not speak to me, as I was not the shipper, and could not share information related to the claim
    8. Fast forward two months of no one telling me anything and me following up and them passing me off between them. Finally, the store contacts me and says FedEx denied the loss claim, and the package has been located and sent back to the store.
    9. I bring the package home and decide it looks too beat up to take ownership of, so I give it back to the store and recommend they file a damage claim, they do so after weeks of follow up.
    10. Fast forward 3 months of no news, and when I reach out, being passed around.
    11. During one of my follow ups with FedEx, their rigidity lapses and they share that they sent a check to the store in November. I try to ask about the amount, to make sure it's $1.3K, but their alertness resumes and they tell me they cannot speak to me. I inform the store they should be receiving the check. FedEx wouldn't tell me whether they would ship the turntable back for repair either. Only that they "typically" do.
    12. Weeks pass, and I follow up with the store to see if they received the package or the check. They tell me they have not. I follow up with FedEx and they, lapsing again, tell me the check has been delivered and cashed. I call the store and they say they'll look into it, but from that point on don't call me nor pick up my calls.
    13. I called another store owned by the same proprietor and demand a call back and threaten small claims court action. I finally receive a call back telling me I can pick up a check and the package at the store the next morning (today). Magically, both must have appeared in front of their eyes.
    14. Because FedEx issues the check to the store/shipper, the store has to cut me a separate check. I ask for proof that the amounts match, via a bank statement or a copy of the original check or letter received from FedEx, the day before I head to the store.
    15. I went to the store today, and sure enough the check is for $700 dollars, not the correct amount of $1.3K. There clerks can't provide me with any proof of value for the check issued by FedEx. The package, which I thought I would never see again, is there as well. Since I have zero leverage on the package, I brought it home with me. I ask the store to contact FedEx and file/reopen the claim since the pay out was on the wrong package, they refuse and tell me I should pack things better and that I can call FedEx if I want, but they would no longer be involved. They wash their hands of the situation.
    16. FedEx contacts me and tells me they would need a waiver to deal directly with me (how I got them to contact me comes later*), so, while at the store, I convince them to prepare a waiver letter and send it to FedEx. In the meantime, FedEx then contacts me again and says the waiver is not allowed in this case, since it's a FASC (FedEx authorized shipcenter). So they wash their hands of this as well.
    *I got FedEx to contact me by opening a twitter account yesterday and tweeting at them, they responded to me within 240 seconds, LOL. (all of 4 minutes).

    What should I do now? FedEx and the small business entity (the FASCs) have clearly shrouded themselves in clear, protective legal mechanisms. FedEx is in the clear liability wise, but they are also evidently concerned about their brand and image, so I have some leverage there via channels like Twitter. The FASC in NJ is probably directly liable (...right?), and I could take them to small claims court, but I'm not sure I have "enough" for a judge to take action on, or whether one would even entertain this "case." Also, I have no idea whether I should cash this $700 check, on the one hand, I should because I'll take what I have, and pursue what I don't. On the other hand, I don't want to appear like I am "accepting" this outcome by cashing the check.

    Thanks to anyone who took the time to read all that.
     
    Last edited: Jun 17, 2018
  2. sphinxvc

    sphinxvc Gear Master (retired)

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    I guess I should say that I'm not posting this to "air the dirty laundry." I could give a shit what people think of FedEx, and I think they're too big to care as well. I'm more doing this because I'm confused about my options at this point, and figure a couple of you are familiar with small claims court or legal things in general, and will let me know whether I should cut my losses and just stop pursuing it, or take it a few steps further.
     
  3. purr1n

    purr1n Desire for betterer is endless.

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    I'd cash the check. But also take them to small claims. The court won't turn down a $600 claim. Some go to small claims for less. What it comes down to is time. Will the extra time and headache be worth the $600?

    Name both the store and FedEx. The store screwed up on packing and the labels. FedEx lost the package. The judge will be SUPER PISSED at FedEx and the store playing musical chairs with responsibility. Trust me on this. Judges are almost always super good people. Stern to asswipes on their third drunken driving conviction, but good people.

    Sometimes, the case will get settled before the court date.
     
    Last edited: Dec 21, 2016
  4. sphinxvc

    sphinxvc Gear Master (retired)

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    Thanks, Marv. That's good advice and well taken.
     
  5. uncola

    uncola Friend

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    Wow that store sucks. You should pursue this because think of all the future people that store is going to screw
     
  6. Mr.Sneis

    Mr.Sneis Friend

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    Real eye opener of a story ;( I tend to cringe whenever someone mentions that they will trust ups/fedex store to pack and ship on their behalf. They usually charge rip off prices and have no clue how to pack delicate audio gear. Also when people have their assistant/secretary/significant other ship on their behalf and packages mysteriously never get shipped.

    Sorry to hear this ended so bad, but I think I agree, small claims really can't hurt at this point. Fedex likely has a legal team on retainer (rather than a call center bonehead) which is probably a good thing.
     
  7. drfindley

    drfindley Secretly lives in the Analog Room - Friend

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    A not very helpful question, but what condition is the table in?
     
  8. ButtUglyJeff

    ButtUglyJeff Stunningly beautiful IRL

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    All that grief just because some nose picker swapped shipping labels...
     
  9. spwath

    spwath Hijinks master cum laudle

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    I did a fedex insurance claim on a broken $70 monitor no problem. But I guess that's pretty cheap.
     
  10. bumrush101

    bumrush101 Acquaintance

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    Take it to the courts. If you know someone who can draft a claims letter, send a copy to Fedex or the store's legal department (if they have one) as well. Name the people you have dealt with if you can. Usually with bigger companies, it's not worth it for them to allocate their team/resources for this amount of money. Since you have documented the process, it would also be in your favor, since they basically don't want any frivolous suits against them, but the amount is small enough that it probably wouldn't be warranted for them to fight you in court on it.
     
  11. MuppetFace

    MuppetFace Sultana of Seafoam Green - Moderator

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    I'm sorry you've had to deal with this BS.

    Also I cringe for that poor Nottingham turntable...
     
  12. Stapsy

    Stapsy Friend

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    Unfortunately I think your only real option at this point is small claims court. The good news is that it seems very likely that it will be settled in your favor. My guess is that even if it does make it to court, they will probably settle (I have had this happen to me before). It will cost Fedex and the FASC a lot more money to go to court than it will cost you.

    You may also have some success with Fedex if you can get past the frontline employees working in the call center. When I had to file a claim with UPS I ended up speaking with a manager in the claims department and a claims inspector who genuinely cared about my case and were infinitely more helpful than the individuals in the call center. The people in the call center don't really have the experience or training to deal with these situations. Perhaps trying to call back and escalate the situation with Fedex would help.

    I hope it works out for you in the end!
     
  13. purr1n

    purr1n Desire for betterer is endless.

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    That's one good takeaway from this. My experiences with UPS / Fedex packing jobs have been similarly horribad.

    The big posters illustrating that they are capable of packing large fragile objects like bicycles, Chinese Terracotta statues, and chairs from the palace of Louis XVI are just marketing material.

    The folks working there are often too busy and not trained in packing anything other than boxes of chocolates or toys. Packing delicate material is not their primary business.

    There a science behind packing these kinds of things. Hahaha. I can't begin to tell you about the discussions I've had with Craig on boxes and foam cutouts. Yes, we design them in CAD apps.

    I only wish I had mentioned this earlier.

    DO NOT TRUST FEDEX OR UPS TO DO YOUR PACKING FOR AUDIO GEAR.
     
  14. zonto

    zonto Friend

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    What did the paperwork you signed, if any, related to the claim or acceptance of the $600 check (and taking home the turntable) say? Any legalese there, like agreements to arbitrate, etc.?

    If small claims is an option, I agree with @Marvey. Factoring in how much it will cost both parties in time and legal fees to defend against a $600 claim (plus whatever incidentals you add to that figure like gas, lost wages, etc.) weighs in your favor as well. If either uses outside counsel, they'd spend more than the claim amount in no more than a billable hour or two.
     
  15. Armaegis

    Armaegis Friend

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    Last year I had to use UPS to ship off a Stax SR-007 and Woo WEE. I had everything carefully packed to the gills, but when I got it to the store they undid everything saying I wouldn't be able to insure the package unless they packed it themselves... which of course had an extra charge on top of it. All mandatory.
     
  16. Wfojas

    Wfojas Friend

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    I almost never send anything Fed Ex or UPS without 1) me superpacking and 2) going direct to the Fedex or UPS distribution centers themselves. So no authorized Agents, cause those a**h*ts have a direct interest in jacking up the prices with miscellaneous useless charges. Go to small claims court, and state how inconvenient this has been, and ask for redress for that also. If its not too unreasonable, the judge might throw that in?

    I super get heebeejeebies on tables and gear with tubes, cause thats a fail waiting to happen, almost always.
     
    Last edited: Dec 22, 2016
  17. Mr.Sneis

    Mr.Sneis Friend

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    I am a shipping nazi, I never go UPS but I have noticed a few FedEx stores saying similar. I boil it down to the dickbag manager or by the book employee trying to look good to the dickbag manager. If that happens I either stand my ground or go around the block to the next store with the employee who nods and says OK. Not a chance they will do a better job than someone who genuinely cares about audio components!

    None of this is meant to be a jab at sphinx btw!
     

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