[rescue] Re: Oh my lord (Sun A5000) -> Carrier Should be Crim inal Fraud

[rescue at sunhelp.org]

This is all fine and good if it works, but the problem is that UPS/USPS/etc.
only pays the SHIPPER for damaged goods. Therefore the argument can be made
by the shpping company that by packaging something in an inferior manner and
trying to get it insured constitutes insurance fraud.

Also, with Ebay crap, it does the buyer no good if the seller is compensated
for damaged goods. It means that the seller is paid twice (and scams twice).
And yes, there is a detectable level of Ebay cynicism here.

I suppose one could issue a call ticket for an Ebay item and therefore the
buyer is the shipper.

~ -----Original Message-----
~ From: lesliec at theplanet.com [mailto:lesliec at theplanet.com]
~ Sent: Tuesday, September 10, 2002 3:33 PM
~ To: rescue at sunhelp.org
~ Subject: [rescue] Re: Oh my lord (Sun A5000) -> Carrier Should be
~ Criminal Fraud
~ 
~ 
~ I had the same experience with a seller, an A5000 and UPS.. 
~ The unit was
~ insured, and UPS denied the claim. Improper and insufficent packaging.
~ Underweight box, etc..
~ 
~ This happens alot to shippers and recipients, and there is an 
~ urban myth
~ that if you take UPS to court, you will win. triple damages. 
~ Because *IF
~ THEY AGREE AND ACCEPT MONEY TO INSURE IT, THEY ARE AGREEING 
~ TO INSURE IT*
~ If they accept a package they believe, or should believe,  
~ will not survive
~ their processes, and still issue in insurance policy, they 
~ are not only
~ liable, but are guilty of fraud by accepting the package for shipment
~ knowing they will deny the claim.
~ 
~ Now I think this is partial myth, but IT IS SAID, if you are a really
~ intimidating person, and get in the claim agents face, and 
~ are ready to
~ back up your threats of legal action, and point out the 
~ fraudulent nature
~ of their claim denial (accepting money for an insurance 
~ policy they know or
~ should know very well they will have to pay but have no 
~ intention of making
~ good on) they will back down.
~ 
~ 
~ On a similar vein of this david & goliath thing, Novell and 
~ Adobe are fond
~ of having eBay auctions pulled as licence violations. I 
~ actually did know
~ someone who had his lawyer write Adobe a very stern letter 
~ accusing them of
~ "restraint of Trade" and they backed down.  So sometimes 
~ David does win..
~ 
~ Les
~ 
~ and no this is not legal advice
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