Legal Question in Consumer Law in Georgia

on november 21, 2011, I shipped 90 lbs of frozen food to my family for thanksgiving..UPS was supposed to deliver the food within 2 days which meant it shoudl have gotten there by the 23rd. The food was delivered to theri facility 45 minutes from my home at 12:35 a.m. on the 23rd , but for some reason it was mishandled and not delivered until Monday, November 29, 2011 by which time it had spoiled.

On the scheduled delivery date of november 23rd I called UPS on three occasion and was told each time that it was on the truck for delivery and woudl definitely be delivered by the end of the day. When it hadn't been delivered by 8 p.m. I called and was told they couldn't locate the package. The ups store where i shipped from did not tell me they would ups centers would be closed from wednesday november 23 to mon, nov 28.

when the package was delievered not only had it been taken out of it original packing and placed in a plastic bag inside of a too large box, it was obvious it has been tampered with. UPS is not telling me they do not cover claims for frozen food items , even though this was not told to me by the UPS store and I was not given anything to sign acknowledging that I wasnted to ship in spite of this stipulation. I honestly did not know they had this policy. Their corporate office told me I should have read through their stipulations before I shipped the package but I think it was thier responsiblity to make me aware of such a hidden stipulation.

It took me several weekend to prepare the food and I spent lots of money to purchase the items. Is there anything I can do to obtain justice?

thanks.


Asked on 2/19/12, 5:32 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

They were right. You knew you were shipping perishable items, and you should have taken the responsibility of asking questions and checking the policies. You should have considered that perishable items are not treated as other items, and that likely different policies applied.

A policy is not hidden merely because you did not look for it or ask about it.

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Answered on 2/19/12, 5:44 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You just admitted you didn't read the stipulations. You have absolutely no case.

BTW, UPS has very good info on shipping food that I found in less than one minute on their webpage.

Look at

http://compass.ups.com/article.aspx?id=2147484189&srch_pos=5&srch_phr=frozen+food

http://www.ups.com/content/us/en/resources/ship/packaging/materials/coolants.html

And UPS Tariff 49.3 is VERY easy to find:

UPS shall not be liable or responsible for... �loss or damage to Perishable Commodities to the extent the loss or damage results from exposure to heat or cold or the perishable nature of the item;

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Answered on 2/19/12, 7:34 pm


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