Fedex hits a new low

[stef823]

Bottom line is Fedex does not value it's customers. It's a sleazy loophole to avoid taking any responsibility.

They broke the guitar, but are not liable. It BS plain and simple. I am remiss for not reading every f**nig part of their agreement. I am limited in what I can do shippingwise after almost 20 years in the Seattle area and now live a fairly rural area where my options are shipping online and dropping off at a mailbox store that Fedex picks up at.

Thanks for all the comments and feedback. Fedex may be right but the they are dead wrong as a business.

The instrument insurance from Heritage is looking better all the time.

Ah, but that's one of the few exclusions to coverage in the Heritage policy so it doesn't work.

That's not what my policy says. In fact, it specifically covers shipping.

Question: Once you sell something - technically it is no longer yours. How could it be protected? I could see if you were shipping to a repair shop or if you were moving, car accident...

I sent an email to Rob at Heritage asking when title passes for purposes of coverage.

I also looked at the definition of "Covered Property." I would argue that even if you've accepted the money and title has passed, the instrument could be property of others in your care, custody or control. But is it in your care, custody or control once you hand it off to the shipping company? I'd argue that it is until it safely reaches the "other" who owns the property.

1. Covered Property, as used in this Coverage

Form, means:

a. Musical instruments and related equipment

and accessories listed in the Declarations;

and

b. Similar property of others that is in your

care, custody or

Is this their website?

http://www.musicins.com/

Yes.

[Bruiser Brody]

I may be wrong on that.... I thought that's what Rob Gallo said

Maybe you were talking to Rob CALLO instead.

KICK-ASS!!!!!

[DavidE]

I would have preferred a photo of Marissa.

[guitarzandstuff]

The instrument insurance from Heritage is looking better all the time.

Ah, but that's one of the few exclusions to coverage in the Heritage policy so it doesn't work.

That's not what my policy says. In fact, it specifically covers shipping.

Question: Once you sell something - technically it is no longer yours. How could it be protected? I could see if you were shipping to a repair shop or if you were moving, car accident...

I sent an email to Rob at Heritage asking when title passes for purposes of coverage.

I also looked at the definition of "Covered Property." I would argue that even if you've accepted the money and title has passed, the instrument could be property of others in your care, custody or control. But is it in your care, custody or control once you hand it off to the shipping company? I'd argue that it is until it safely reaches the "other" who owns the property.

1. Covered Property, as used in this Coverage

Form, means:

a. Musical instruments and related equipment

and accessories listed in the Declarations;

and

b. Similar property of others that is in your

care, custody or

Is this their website?

http://www.musicins.com/

Yes.

Conveniently located about 5 miles from my home!!!

I have my policy with them!!!

[JohnnyB]

It BS plain and simple. I am remiss for not reading every f**nig part of their agreement.

Seems to me that $800 is small enough to take it cheaply to small claims court. I'd be surprised if a judge would let Fedex's ambiguous loopholes outweigh the fact that you paid for--and they accepted--payment for $800 of damage insurance.

Remember, not every part of a signed contract is enforceable, especially if it signs away rights that by law cannot be signed away. Then there is the fact that these "conditions" are murky and contradictory. At some point, I'd think that some judges try to determine who was acting in good faith and who is not. An appearance in small claims also exposes Fedex to the risk of punitive damages if the judge decides there was an attempt to defraud (and after all, if they accepted payment to insure for $800 but refuse to pay up, isn't that fraud?).

I'd also find out what Blue Book is on that Heritage. You know it's more than $100. That should close another of their loopholes.

[Thundernotes]

I'd also find out what Blue Book is on that Heritage. You know it's more than $100. That should close another of their loopholes.

Then sue them for emotional distress.

[kizanski]

I may be wrong on that.... I thought that's what Rob Gallo said, but I just looked at the policy form and I think there would be coverage as long as it's not being illegally transported. I'm going to ask.

I just got off the phone with them and was told without question:

1. Shipping IS covered.
   
2. An instrument that you have shipped is covered until YOU tell them that it has arrived safely.
   

What I especially like about their plans is that they are NOT written in a way that is open to debate or interpretation. They tell you what is covered and what is not - just like that.

This gives me a No BS kind of feeling, as if I am paying for a service and it will be provided. Imagine that. No small print. No "legal-eze."

[cmatthes]

That is the way an insurance contract is SUPPOSED to be written!

[DavidE]

I guess I'll quit paying for FedEx Ground insurance coverage then!

$0 deductible too!

Anything over 30 years old is fair market value. Anything newer is replacement cost.

[MCChris]

I guess I'll quit paying for FedEx Ground insurance coverage then!

$0 deductible too!

Looks like you've been getting ripped off all this time. That can't sit well with you.

[Turdus]

I would also pursue the book value on your guitar, and take it up with Fedex corporate. The way I understand it, is that they set the $100 limit, on guitars over 20 years old, as the values may be hard to substantiate. Perhaps a few shippers tried to tell them that 60's dime store guitar, they just destroyed, was worth $10,000.

$800 seems reasonable. If you insured it for that, and can prove the value, you might stand a chance.

[serial]

An appearance in small claims also exposes Fedex to the risk of punitive damages if the judge decides there was an attempt to defraud (and after all, if they accepted payment to insure for $800 but refuse to pay up, isn't that fraud?).

They'll rely on the contract terms-you can argue that it's unenforceable and use things like the shipper's obligations under the Carmack Amendment (roughly that act says that anything is covered up to $100 unless the value is declared-at that point, when accepted by the shipper, they're on the hook). I think that they gamble that no one's going to take them to court and deal with the hassle.

As for punitive damages, those are only awardable when provided for by statute, so you'd have to see what your state has as far as unfair trade practices acts or related consumer protection statutes-that's usually where you find those, but you usually have to plead all necessary elements under those to recover accordingly.

[Guest Michael]

Please help me out here. I've shipped guitars for years, and always do so with confidence, thinking that any damage will be covered. I've used both UPS & FedEx, and luckily never had a problem. What should I do to ensure that there's no problem in the unthinkable event that the guitar sustains damage in transit? Are FedEx telling a client that the vintage guitar that they've entrusted to them, damaged in transit, is only eligible for $100 in coverage? Whom should I be using the next time I ship an instrument?

[SteveB]

Maybe you were talking to Rob CALLO instead.

Marissa Tomei is awesome in that movie. "Oh my GAWD, what a FUCKIN NIGHTMARE!"

http://www.youtube.com/watch?v=D2WntavE7i0

back to your regularly scheduled thread....

[DavidE]

Here's the written response from Rob Gallo at Heritage:

“As regards the individual policy, if the policy we write does not exclude shipment or incoming shipment and the item is scheduled, then it would be covered. However, only for the actual cash value of the instrument which means that if it’s not authentic or is not original, our obligation would only be the value of the actual instrument and not what it was supposed to be.

If we added the instrument to the policy on an agreed value clause (Which means a valid appraisal is provided and accepted by us prior to the scheduling of the item) it would be covered at the insured value without regard to authenticity, unless fraud or misrepresentation was involved in the placement of the coverage.

If the instrument was not scheduled, in either case it would be subject to the coverage and limitations for new acquisitions as stated on the policy. (30 days coverage subject to caps on values insured)”

[sirDaniel]

I'm not on FEDEX team here by any means, but. If you pack a guitar right, which is how most of use don't, pretty hard to break them. I'll be the first to admit I should pack better. Can't blame a shipper for shock damage, only if the box is mangled.

[serial]

I'm not on FEDEX team here by any means, but. If you pack a guitar right, which is how most of use don't, pretty hard to break them. I'll be the first to admit I should pack better. Can't blame a shipper for shock damage, only if the box is mangled.

I respectfully disagree. I know how to pack guitars and the one guitar that I would have thought was the best packing job ever (and the most valuable I've ever shipped) was destroyed. My guess is that the tire tracks/elephant footprints on the outer carton were part of the reason that UPS paid the claim. Of course that wasn't necessarily easy or quick, but they never denied coverage or damage-just fought with me about the amount.

[BLuesBuster]

That is the way an insurance contract is SUPPOSED to be written!

You'd think so. Leave it to insurance companies to find every single way there is to screw everybody.

I respectfully disagree. I know how to pack guitars and the one guitar that I would have thought was the best packing job ever (and the most valuable I've ever shipped) was destroyed. My guess is that the tire tracks/elephant footprints on the outer carton were part of the reason that UPS paid the claim. Of course that wasn't necessarily easy or quick, but they never denied coverage or damage-just fought with me about the amount.

That's absolutely correct, if the package is treated with the most callous disregard for it's integrity, similar to really wanting to break your guitar, the package content will be damaged regardless of the skill or amount of protection used. Let's be realistic, not all packages will be shipped in military grade containers.