Legal Question in Business Law in Virginia

Re: delivery

I'm not quite sure what you have in mind as

potential liability. I don't know if you are

asking if there is something irrelevant in the

fine print. You seem to have something specific

in mind, as you say you need to know about it.

It would help to have more specifics.

Basically, I can't see why there would be any

liability. When you sign on the little computer

screen or on the paper sheet, there is no

text or language by which you are promising

antyhing.

The text on the back of the FedEx waybill is

clearly a contract between the SENDER and FedEx.

I just examined the "terms and conditions" on

the waybill. Everything in it is a contact

between the SENDER and FedEx. The only possible

exception is this: "If the recipient accepts

your pacakge without noting any damage on the

delivery contract, we will assume the package

was delivered in good condition. For us to

porcess your claim, you must make the original shipping cartons and packing available for inspection." The "you" here refers to the shipper, not you.

As a result, if you receive a damaged package,

by failing to note that there is damage on

the package, you could be waiving any claim

against FedEx for the damage during shipping.

Also, if you did not keep the damaged packaging,

this would make it difficult to collect against

FedEx for the damage. I suppose it is remotely

possible that for not noting the damage, if you

tried to collect from the sender, the sender

coudl say you had waived their right to collect

from FedEx.

I have never seen anything in the text which refers to the

recipient.

Technically, your signature would operate as a

RELEASE of liability for FedEx or UPS, in that

alleged proof that the package was delivered

would RELIEVE FedEx and UPS of any further

liability for failing to deliver the package.

I can think of 3 or 4 different possibilities

for where you might be going with this question,

but i am not sure what you are thinking of.

You specifically say that they claim to have

received a signature when they did not actually

get a signature.

I know that FedEx does have the ability to

give you an actual copy of the signature, so if

it is not the signature of the person who

supposedly received it, you can see the actual

signature.