Question: A
friend of mine was having a Halloween party and I was sending her a package of
decorations. I was sending it UPS and
gave it plenty of time (2 weeks) to get there (Texas to Ontario, Canada) When
UPS picked it up the driver neglected to grab the invoice which is required on
all international shipping. I was not
aware of this until four days later (7 days before Halloween) when he left a
note on my door saying I could call this number (which no one ever answered) or
fax it to the local office - which he didn't leave. Since UPS closes on weekends I was forced to
wait until Monday (Halloween's on Friday), I gave them the situation and asked
if they could overnight it - they said no problem however they could not find
my package! Someone had hand-written an invoice and sent it on its way. I spent the next three days trying to track
down my package and overnight it from there - but I was unsuccessful in my
attempt... The package finally arrived at its location 5 days past Halloween
when it got someone's attention. I would
appreciate any help or feedback you can offer.
Signed
"Glenn," Texas, January 1999**
Answer: UPS would probably have a standard bill
of lading contract which governs the situation.
It would certainly contain a standard limitation of liability clause
which says that you cannot claim more than a given sum, for example $100, for
loss of goods, unless a greater value is declared when shipping.
Your problem does not concern a loss of goods, but
a late delivery. For late delivery,
carriers only promise to refund the cost of the service.
Clauses that limit the amount of a carrier's
liability are reasonable because the carrier cannot be expected to assume
responsibility for potential losses that may be out of proportion to the
revenue derived from providing the service.
Limitation clauses are scrutinized carefully, but
especially those that might limit liability for the carrier's own
negligence. That may or may not be the
case here. Limiting damages for late
delivery of goods to the value price of the service is essentially an effort to
limit damages for the carrier's own negligence.
Therefore, you will want to argue that the clause cannot be given any
force or effect because it invalidates the very promise and premise of courier
services, that is, to deliver parcels in a timely and certain manner.
You should therefore be demanding some restitution
from UPS, but don't expect any kind of fortune, perhaps $50 or $100.