I shipped an item from "staples", they use "UPS". The item was damaged on shipping, I got insurance when I shipped it. I made a claim and it was denied twice, now I want to go to small claims court. Who do I sue, "staples" or "UPS"?
2006-12-06 01:41:02 · 12 answers · asked by leonardo E 1 in Politics & Government ➔ Law & Ethics
It depends on who had "title" to the item when it entered the care and custody of UPS. Staples probably shipped it FOB shipping point, which means UPS is responsible for the safe arrival of the item at the destination.You should sue UPS. They took title, and they are responsible.
By the way, "FOB" means "Free On Board". It was "free on board" only as far as the loading dock at Staples.
2006-12-06 01:59:06 · answer #1 · answered by ? 6 · 0⤊ 1⤋
Well, if you got insurance, you should be covered. Why have they denied it? Normally, if you insure something, you have to produce receipts for your purchase if the item does not make it at all, or in damaged. Depends on where the actual damage occurred, was the item in tack when it left Staples, or did you just see a floor display? I'd take both of the to court, and let the judge determine what happen when after hearing their side.
2006-12-06 01:54:02 · answer #2 · answered by Anonymous · 0⤊ 1⤋
UPS as they were the ones who shipped and probably damaged the item. Who did you file your claim with that got denied ?? Why was the claim denied ??
2006-12-06 01:45:14 · answer #3 · answered by JohnRingold 4 · 0⤊ 1⤋
Not sue, call or write the candy manufacturer to let them know you purchased expired candy from a store. I have had this happen and simply called the company who made the candy. They were more than happy to replace it with a another bag of candy. If you do sue a company they will just pass the cost onto the consumer; you and I.
2016-05-22 23:53:04 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you originally purchased the item from Staples then they are responsible. Take them to small claims. Historically their service stinks (my personal experience)..
2006-12-06 01:52:38 · answer #5 · answered by Gunny T 6 · 0⤊ 1⤋
It would seem that Staples would want to retain you as a satisfied customer. First off, I don't understand why they haven't replaced the damaged item!
2006-12-06 01:49:58 · answer #6 · answered by clarity 7 · 0⤊ 1⤋
Staples. UPS' contract was with Staples, not you.
Why was the claim denied?
2006-12-06 01:45:47 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Staples because they choose UPS not you! Staples are the one's that shipped it through them so they need to be responsible.
good luck!
CC
2006-12-06 01:45:22 · answer #8 · answered by CC 3 · 0⤊ 0⤋
I would go with UPS since they are the ones that damaged the item.
2006-12-06 01:46:01 · answer #9 · answered by Ryan's mom 7 · 0⤊ 1⤋
Well, I think you sue the insurance company for denying your claim. I'm not a lawyer, though, just a former legal secretary.
2006-12-06 01:50:08 · answer #10 · answered by auntb93again 7 · 0⤊ 1⤋