[ransome]

I am having nightmare experience with Fedex.I shipped my 50" Plasma using the original packing carton.I used a Fedex dropoff not a third party location.I had one of the reps help me me carry it in and weigh it.I went into detail with the counter person what was in the carton.The carton was marked "fragile","glass", "this side up" etc.very clearly.I insured the package for $10000.In short I did everything you should do when shipping something Fragile.

Fedex has inspected the damage and has denied my claim.They are saying that the $10,000 ins is not Ins but a stated value.They will not honor my claim.This is crazy.

Anyone have any experience with this sort of thing,do I have to sue them.I have gone up the latter to supervisors but these people are not budging.It is like they are programmed to honor any large claim,and they will get fired if they accept it.Any suggestions will be helpful.

Distraught Gregg

 

[Alexander]

In another thread, I remember reading about a loophole that made FedEx legally able to charge for this "insurance" but not actually have to pay any claim over $500. So, yeah, you'll probably have to sue them and hope they settle.


I think Plasmas need a warning on the box: "Do Not Ship via UPS or FedEx."


Alex

 

[markrubin]

you may not do well yourself vs FedX but try a claim through

other insurance you may have particularly homeowners insurance:

you may have coverage there you are not aware of. Also, if you bought it on credit card, they may have coverage.

 

[plasmacrack]

Ransome,


Contact me. Perhaps we can fight this fight together. I too shipped a Sony 42" (as detailed in another thread) via FedEx and they damaged it. Perhaps we can help each other out. Email me at [email protected] .


Thanks!

-joe

 

[RandyL712]

Read the back of the airbill, it's pretty clear. If you don't PAY extra for the higher declared value, the max is $500. It's no loophole, it's pretty clear on the back of the airbills "terms and conditions".

 

[ransome]

RandyL712

I did purchase $10000 of ins.They charged me an extra $50 to insure it.This is what I can not understand.They charged me extra and now will not honor the claim.Thanks Gregg

 

[RobbyD]

FedEX should not have accepted the package in the first place. They clearly state in their policy that they do not cover losses for flat screen TV's. So one could argue that you should have been informed of that. (arguing perhaps that you did not read the long list of terms and conditions much like people don't bother reading license agreements for software, etc).


The other point is that a 50" plasma in a box exceeds their maximum measurements for shipping an item. They should have told you that as well and not accepted the package.


And clearly, when you declare a value for an item - you get charged an additional amount based on the value - for insurance. FedEX reps tell me this all the time.


So you definitely have a case. It's unfortunate that you will need to get a lawyer to fight this. You're in the dead zone - claims over $5000 cannot go to small claims and I've been told by lawyer friends that unless your claim is over $25k, it's not cost effective to fight in court. I'm guessing FedEX knows this and are basically banking on the fact that it's not worth it for you to fight.


I would suggest talking to a consumer protection lawyer to check out your options. Maybe even a letter from a lawyer to FedEX might get you somewhere.

 

[RandyL712]

People need to realize that fragile items can't be shipped. Items that can't handle being picked up, put down, dropped from 3 feet, etc. You know what happens to anything you ship, it;s not carried on a plush cottony pillow to its destination. Plasma TV's are fragile, and can't take jolts or bumps well. Fed Ex should replace it for you because you shipped something so fragile? No. But they should reimburse your shipping charge, which you've said they'll do.


Anyway, I've done a lot of research on shipping RPTV and Plasma lately, and for $200 you can find a real freight company to do this, and they know how to move things more carefully.


BUT - it does totally suck for you. I'm sorry for your loss and I wish you luck in recovering as much as possible.

 

[gordf]

So Randy, what is the 50$ charge for then? It seems that Fedex is taking unfair advantage of someone who believes that they paid for insurance coverage, which apparantly depends on the value. Most people would believe they contracted out of the normal case where 500$ max. is covered.


In the future, is there some real insurance that you can get outside of fedex, though they might not let you ship it fedex...

 

[iceman143]

It is a very unfortunate situation and I don't blame you for being upset. I would suggest you consult with an attorney otherwise how can you weigh your options without more information about the costs of moving forward. There are legal steps along the way prior to a judge trial when a case can be settled and state laws vary as to possible claims. Check with your local Bar Assoc. if you don't know a reputable atty, find out the consultation fee if any, take as much documentation as you can to the appt (including chronology of events, contracts, homeowner's insurance policy, names, contacts, etc) and then make a fully informed decision.

 

[divvy]

That really does suck. Hopefully you can find a way of getting it back.


In the mean time, wouldn't it be a good idea to have a permanent message at the top of this forum for - off the top of my head - three issues that are pertinent to plasma buyers and keep coming up? I know the search function is there and is pretty powerful but sometimes you need to know what to search for.


1. At least a month ago someone (Robby D?) posted some research that he'd done about shipping plasmas. Basically he found out that FedEx was a definite no no for the reasons we can see in this and plasmacrack's thread.


2. There seems to be persistent confusion about the Y/C delay in the Panasonics with the composite and svideo inputs.


3. Finally a new poster will post about their humming Panasonic every now and again.


Maybe the latter two are not so crucial to have in a permanent notice but I believe, had the first one been there, then Ransome and Plasmacrack may have been saved from this terrible ordeal.

 

[wolfx]

I'm an attorney, and have had the experience of suing a freight company for damage to my client's machinery ($15,000 worth). The process was long and took approximately 1.5 years, including full discovery (deposition, interrogatories, etc.), but we eventually won. The reason we won was not simply because my client's claim was valid (it was) but because he was willing to sue, and see it to the very end. By that point, the insurance company buckled and agreed to reimbursement rather than spend "real" legal fees for a 3 day trial.


Unfortunately, this is the sort of case most law firms will not handle; you'll have to find a firm willing to do it on a 40-50% contingency, which means you wont recover the full $10,000 after fees, but it's better than $500. Also, see if your state allows for reasonable attorney fees on these sort of contract breaches; if so, you'll get your attorney fees paid AND insurance will definitely settle rather than pay your attorney fees. Better yet, if you can gather a bunch of plaintiffs, it's more cost effective to split the costs among you. Robby is definitely correct when he says that Fedex KNOWS it's not cost effective for a consumer to sue on a $10,000 claim, so they deny it just to see what you will do. Sadly, suing is the only way to go in these sort of cases.


good luck!

 

[ransome]

I just turned it into my insurance co(American Family)for a personal property loss under my homeowners policy.Hopefully they will replace the unit then sue the pants off of Fedex.We will see.

Thanks for all the replys,all the info is very useful.

 

[RandyL712]

What would you have FedEx and UPS do? Inspect each outgoing package, detail it's contents, verify it's condition, etc? Shipping prices would quadrupple. While this specific situation sucks, how could FedEx or UPS ship a plasma and NOT break it? I mean, where do you draw the line?


Anyway, they took your $50 because they use automation to lower costs. If you go to FedEx or UPS's website, they won't even give a RATE for a plasma because of the size constraints. If your package squeezed by, that's YOUR fault IMHO.


But again, it sucks, I feel for you, I wish you the best. But the fault lies with you.

 

[PF]

FedEx has become a big, big disappointment to me. What's happened to them? I used to promote the company as one of the prime examples of how to do things right as an American business. But no more. Where are their ethics?


FedEx is still better than UPS -- much more reliable, less hard on packages, and the employees have less of a "DMV" mentality than UPS and USPS employees have -- as Consumer Reports proved not long ago. But this disgusting insurance game is an out-and-out fraudulent scam.


You can't ask people to pay for insurance (!), accept packages with said insurance (!!), and then deny the claim when the package is clearly damaged in shipping(!!!). Next, they'll be trotting out UPS' infamous "poor packaging" dodge.


It doesn't matter that there is a disclaimer on the back of the airbill -- just as it doesn't matter that your local parking lot prints one on the back of its parking receipts. By accepting the package, FedEx has created a bailment, just as the parking lot does when it accepts your car. And they are utterly and completely responsible for your package until it's delivered.


In the old days, I've been paid substantial amounts on FedEx claims on essentially just my word and a couple of phone calls. Obviously, things have changed. I'd like to believe that this isn't just a matter of some cynical cost-benefit analysis whereby FedEx automatically denies all high-value claims in the knowledge that most people will choose not to fight matters legally.


It's hard to conclude otherwise, however. And, it's "absolutely, positively..." unethical.


This is precisely what state attorneys general and government consumer protection agencies are supposed to be vigilant about. I won't hold my breath for those overpaid, underperforming clowns to actually to do something useful, however. Certainly not in a timely manner, anyway. They're so busy, you know.

 

[Brucer]

Hey All-


I found out something interesting today. I spoke with an Electrograph regional rep, and asked about shipping. Long story short - The majority of there plasma's are shipped via FEDEX!!!


How do they do it, you ask? Electrograph has a separate agreement and insurance with FEDEX 'Cargo Division' at LTL rates.

Whatever LTL is. If they drop ship to customer and claim is made within 24 Hrs. they file claim and handle it.


I think the couple examples posted here - were individual to individual shipments.


I'm definitely not trying to justify FEDEX scrxwing the little guy, but don't think everyone else should panic doing business with an Electrograph reseller. Elect. also uses several trucking outfits, BTW.


Regards, Bruce

 

[RobbyD]

RandyL:


I see your point but don't you think that if FedEX has a policy where they specifically don't accept liability for a plasma display - that they should have informed the shipper once he disclosed the contents?

 

[Alan Maher]

It's either UPS or FedEx that does state in the service contract that they won't honor claims for damages to plasma screens. Someone a few weeks ago posted the information here.

 

[RandyL712]

You never disclose the contents to FedEx or UPS - if you include them on the label, it's so the receiver knows what's in the box. FedEx and UPS assume (and rightfully so IMHO) that you've acquainted yourself with their policies.

 

[ransome]

RandyL712,

The package was not oversize.They measured it twice.The counter people knew it was a Plasma display.They made sure I insured it properly when told what was being shipped.So,how does the fault lie with me?What more could I have done?