> The general feeling in this thread seems to be that UPS has the final
word.
> That simply is not true. If you feel you have a reasonable case and were
> denied a claim, you can always file a claim against the shipper in Small
> Claims Court.
But generally subject to the terms and conditions as described in the
air-bill/waybill (usually on the reverse side). It's been a while since
I've read the complete fine print for the major shippers, but some terms
will limit claims to Alternative Dispute Resolution (e.g., mediation or
arbitration). Or worse, that you agree to personal jurisdiction and venue
in an outside forum state. By signing the waybill, one may be waiving all
rights to file a claim in state and federal courts, including small claims.
Believe it or not, the American public waives its right to Constitutional
due-process every day.
These "take it or leave it" agreements are really classified as Contracts of
Adhesion, but few courts will recognize this fact as a defense to the
agreement.
-Paul, W9AC
_______________________________________________
Amps mailing list
Amps@contesting.com
http://lists.contesting.com/mailman/listinfo/amps
|