Legal Question in Business Law in Georgia

UPS Shipping Terms and Agreements

Hello,

I shipped a package from Canada to Singapore with UPS on Otober 18, 2002 and paid them the price for the package to be sent EXPRESS which would have meant the package was to be deliverd on October 22, 2002. UPS made a shipping error and sent my package EXPIDITED which meant the package was not delivered until October 26, 2002. The package in question is a wedding dress that I was returning to Blushing Bride for a refund. Blushing Bride has a two week return deadline and because UPS made a mistake in shipping Blushing Bride would not accept the package and will not refund my money ($675.00 USD) After negotiating with Blushing Bride they offered to refund $300 USD when I returned the dress. I told UPS on October 29, 2002 to return the dress to Blushing bride. It is now November 6, 2002 and they have still not returned the dress. They have made to major shipping mistakes. Is this grounds to take them to small claims court to recover my lost funds? This is the web page with UPS shipping policy relating to this kind of mistake, http://www.ups.com/canada/using/services/details/engterms.html#LIMITATIONOFLIABILITYFORCONSEQUENTIALLOSSES.

UPS has admitted that this was their fault.

Any advice would be appreciated.

Thanks

1 Answer from Attorneys

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