Fedex hits a new low

[stef823]

I know this might not be the right forum to voice this, but I bouncing off the walls at the moment by Fedex's latest move. I've been using the guys for years and have to admit they have done pretty good so far until about 2 weeks ago. I sold a very nice 1985 Heritage guitar and they go and break the headstock. Sold it for around $800 and insured it for the same amount. Well after having to hound them to pick it up for inspection they finally get around to reviewing the claim only to tell me that they have limited liability of $100 as the guitar was over 20 years old.

I've got a call into management to see if this can be resolved. If they hold to this it's got to be the sleaziest move I have ever heard of.

Has anyone else heard this load of crap before?

[harry65]

if thats the case it's the biggest pile of shit i've ever heard of, i'd raise holy hell, might not do any good but i'd sure make sure evryone knew what dicks they are......................................

[Steve Haynie]

It is convenient for FedEx to make a distinction between "used" guitars based on age. If they tell you that you agreed to all the terms and conditions of their service you should counter that with a claim that no FedEx employee was able to provide you with a binder full of legalese crap to read.

[stef823]

I don't understand what 20 years has to do with anything. It's not the guitars get britle bones. What a load.

It is convenient for FedEx to make a distinction between "used" guitars based on age. If they tell you that you agreed to all the terms and conditions of their service you should counter that with a claim that no FedEx employee was able to provide you with a binder full of legalese crap to read.

[sw686blue]

Declared Value and Limits of Liability (Not Insurance Coverage)

FedEx Ground liability with regard to any package is limited to the sum of $100 unless a higher value is declared at time of tender and a greater charge paid as provided in the FedEx Service Guide or online FedEx Retail Counter Rates Book.

The declared value of any package represents our maximum liability in connection with a package, including, but not limited to, any loss, damage, delay, misdelivery, nondelivery, misinformation, any failure to provide information, or misdelivery of information. Exposure to and risk of any loss in excess of the declared value is either assumed by the shipper or transferred by the shipper to an insurance carrier through the purchase of an insurance policy. The shipper should contact an insurance agent or broker if insurance coverage is desired. FEDEX GROUND DOES NOT PROVIDE INSURANCE COVERAGE OF ANY KIND.

In cases where the shipper declares or agrees in writing that the property being shipped is released to a value exceeding $100 per package or article not enclosed in a package, an additional charge for each $100 or fraction thereof of total valuation will be assessed to which the base rate applies, up to a maximum declared value of $50,000 per package.

Packages containing all or part of the following items are limited to a maximum declared value of $100:

Artwork, including any work created or developed by the application of skill, taste or creative talent for sale, display or collection. This includes, but is not limited to, items (and their parts) such as paintings, drawings, vases, tapestries, limited- edition prints, fine art, statuary, sculpture and collector's items.

Film, photographic images (including photographic negatives), photographic chromes and photographic slides.

Any commodity that by its inherent nature is particularly susceptible to damage or the market value of which is particularly variable or difficult to ascertain.

Antiques, or any commodity that exhibits the style or fashion of a past era and whose history, age or rarity contributes to its value. These items include, but are not limited to, furniture, tableware, glassware, and collector's items such as sports cards, souvenirs and memorabilia. (Collector's coins and stamps may not be shipped. See the Prohibited Items section.)

Glassware, including, but not limited to, signs, mirrors, ceramics, porcelains, china, crystal, glass, framed glass and any other commodity with similarly fragile qualities.

Plasma screens.

Jewelry, including, but not limited to, costume jewelry, watches and their parts, mount gems or stones (precious or semiprecious), industrial diamonds, and jewelry made of precious metal.

Furs, including, but not limited to, fur clothing, fur-trimmed clothing and fur pelts.

Precious metals, including, but not limited to, gold and silver bullion or dust, precipitates or platinum (except as an integral part of electronic machinery).

Stocks, bonds, cash letters or cash equivalents, including, but not limited to, food stamps, postage stamps (not collectible), traveler's checks, lottery tickets, money orders, gift cards and gift certificates, prepaid calling cards (excluding those that require a code for activation), bond coupons, and bearer bonds.

Guitars and other musical instruments that are more than 20 years old, and customized or personalized musical instruments.

Our liability for loss or damage to used electronic or computer equipment shall be limited to $100, unless a higher value is declared on the FedEx Ground Pick-Up Record and the applicable charges are paid. In those instances where the shipper declares a value in excess of $100, our liability shall be determined by the most recent edition of the Orion Blue Book series applicable to the specific item lost or damaged or the declared value, whichever is lower, but in no event will liability exceed the declared value.

ANY EFFORT TO DECLARE A VALUE IN EXCESS OF THE MAXIMUMS ALLOWED IN THE FEDEX SERVICE GUIDE IS NULL AND VOID. OUR ACCEPTANCE FOR CARRIAGE OF ANY PACKAGE BEARING A DECLARED VALUE IN EXCESS OF THE ALLOWED MAXIMUMS DOES NOT CONSTITUTE A WAIVER OF ANY PROVISION OF THE FEDEX SERVICE GUIDE AS TO SUCH PACKAGE.

REGARDLESS OF THE DECLARED VALUE OF A PACKAGE, OUR LIABILITY FOR LOSS, DAMAGE, DELAY, MISDELIVERY, NONDELIVERY, MISINFORMATION, ANY FAILURE TO PROVIDE INFORMATION, OR MISDELIVERY OF INFORMATION, WILL NOT EXCEED ITS REPAIR COST, ITS DEPRECIATED VALUE OR ITS REPLACEMENT COST, WHICHEVER IS LESS.

[DavidE]

How did you describe the item on the form?

What carriers will provide full coverage for a 20+ year old guitar?

[silentman]

Sounds like some crazy ass legalese loop hole.

In sentence #1 in Nick's post it says:

FedEx Ground liability with regard to any package is limited to the sum of $100 unless a higher value is declared at time of tender and a greater charge paid as provided in the FedEx Service Guide or online FedEx Retail Counter Rates Book.

But in the last paragraph...

ANY EFFORT TO DECLARE A VALUE IN EXCESS OF THE MAXIMUMS ALLOWED IN THE FEDEX SERVICE GUIDE IS NULL AND VOID. OUR ACCEPTANCE FOR CARRIAGE OF ANY PACKAGE BEARING A DECLARED VALUE IN EXCESS OF THE ALLOWED MAXIMUMS DOES NOT CONSTITUTE A WAIVER OF ANY PROVISION OF THE FEDEX SERVICE GUIDE AS TO SUCH PACKAGE.

REGARDLESS OF THE DECLARED VALUE OF A PACKAGE, OUR LIABILITY FOR LOSS, DAMAGE, DELAY, MISDELIVERY, NONDELIVERY, MISINFORMATION, ANY FAILURE TO PROVIDE INFORMATION, OR MISDELIVERY OF INFORMATION, WILL NOT EXCEED ITS REPAIR COST, ITS DEPRECIATED VALUE OR ITS REPLACEMENT COST, WHICHEVER IS LESS.

WTF???? So as long as you can prove you didn't over insure the thing, you should be coovered?

[kizanski]

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

[AdmiralB]

WTF???? So as long as you can prove you didn't over insure the thing, you should be coovered?

What it means is, even if he declared the value as $800 and FedEx accepted it, they're not responsible for anything over $100 because the contents fit one of the exceptions listed above.

FedEx does offer insurance/declared value for expensive stuff, but it's a different service and you have to apply to use it (that is, you can't get it with a counter walkup).

[serial]

Sounds like some crazy ass legalese loop hole.

In sentence #1 in Nick's post it says:

FedEx Ground liability with regard to any package is limited to the sum of $100 unless a higher value is declared at time of tender and a greater charge paid as provided in the FedEx Service Guide or online FedEx Retail Counter Rates Book.

But in the last paragraph...

ANY EFFORT TO DECLARE A VALUE IN EXCESS OF THE MAXIMUMS ALLOWED IN THE FEDEX SERVICE GUIDE IS NULL AND VOID. OUR ACCEPTANCE FOR CARRIAGE OF ANY PACKAGE BEARING A DECLARED VALUE IN EXCESS OF THE ALLOWED MAXIMUMS DOES NOT CONSTITUTE A WAIVER OF ANY PROVISION OF THE FEDEX SERVICE GUIDE AS TO SUCH PACKAGE.

REGARDLESS OF THE DECLARED VALUE OF A PACKAGE, OUR LIABILITY FOR LOSS, DAMAGE, DELAY, MISDELIVERY, NONDELIVERY, MISINFORMATION, ANY FAILURE TO PROVIDE INFORMATION, OR MISDELIVERY OF INFORMATION, WILL NOT EXCEED ITS REPAIR COST, ITS DEPRECIATED VALUE OR ITS REPLACEMENT COST, WHICHEVER IS LESS.

WTF???? So as long as you can prove you didn't over insure the thing, you should be coovered?

Ambiguity in a contract is construed against the drafter and there IS the Carmack Amendment which in theory should help, but there is a BIG reason why I never ship or receive anything from FedEx.

Not EVER worth the hassle.

[kizanski]

WTF???? So as long as you can prove you didn't over insure the thing, you should be coovered?

What it means is, even if he declared the value as $800 and FedEx accepted it, they're not responsible for anything over $100 because the contents fit one of the exceptions listed above.

FedEx does offer insurance/declared value for expensive stuff, but it's a different service and you have to apply to use it (that is, you can't get it with a counter walkup).

However, they will be more than happy to take extra money from you to insure your shipment for X-amount of dollars, even though they have no intention of paying.

This discussion/dilemma is really nothing new, folks.

[clmazza]

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

Bingo!

I've used Heritage to insure all of my guitars and amps for two years now. I filed a claim with them when FedEx damaged a prototype that I shipped to the West Coast. They were fantastic, however, I ended up getting the claim settled by the shipping agent. In this case, it was The Shipping Depot (a certified shipping center for FedEx) They actually filed a claim through their private insurance carrier after FedEx only offered to pay a $100.00 on a $2,000.00 guitar that sustained $400.00 worth of damage (long story)

[sw686blue]

However, they will be more than happy to take extra money from you to insure your shipment for X-amount of dollars, even though they have no intention of paying.

This discussion/dilemma is really nothing new, folks.

That's because most people working behind the counter at UPS/Fedex don't know the difference between their ass and their ear.

[serial]

Bruce919 said it most eloquently in an earlier post here (in the last day or two)...

Fuck FedEx.

[DavidE]

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.

[kizanski]

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.

[DavidE]

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.

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.

[MCChris]

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

Maybe you were talking to Rob CALLO instead.

[DavidE]

"Losses which occur during shipment, while checked as baggage in aircraft and other public conveyances, and while in unattended vehicles are generally covered. Theft from unattended vehicles or trailers requires marks of forced entry"

[silentman]

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...

[kizanski]

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...

The way I understand it, you'll be paying insurance on the instrument until you tell them that you sold it.

Insurance when shipping (as while buying/selling) was one of the selling features that they pitched to me, and my policy says nothing about that in its "exclusions" paragraphs.

[DavidE]

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.

[silentman]

Is this their website?

http://www.musicins.com/

[DavidE]

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.

[bruce919]

Bruce919 said it most eloquently in an earlier post here (in the last day or two)...

Fuck FedEx.

I am glad you are all coming around.