It's a slow day, so let's keep this conversation alive....
Mark Day":379fr8av said:
Here this is from UPS themselves.
http://www.ups.com/packaging/guidelines?loc=en_US
You will notice that packing peanuts is acceptable fill for the outer box for packages up to 10lbs. After 10lbs and up to 50 lbs the they recommend bubble wrap or foam-in-place, polyethylene foam pads, or other dunnage material.....So please folks, listen up...UPS says peanuts are acceptable for outer box fill for packages up to 10 lbs. Your amps weigh more than that. They have the right to deny as they have their packing suggestions in print.
I actually don't see the 10 lbs to 50 lbs at that link but, regardless, it does not contemplate all of the
other protection included in my pack (i.e., the 1" thick layer of dense styrofoam lining the entire inner wall of the outer box, the 2" thick medium density styrofoam lining the entire inner wall of the inner box, as well, to a lesser extent, the bubblewrap).
Also, the key in your comment - and the comments on the UPS website - is that these are just "suggestions". They can't mandate how anything has to be packed, as every item is different, as is every circumstance. They can't point to these suggestions in their own defence, as they are NOT hard requirements.
Mark Day":379fr8av said:
I know of instances of denied claims because of peanuts..... rlord1974, I think you would lose your court case, as UPS clearly states peanuts are only acceptable up to 10 lbs
I would not argue that they might deny my claim, as they probably would take that approach. When they get served with a notice to appear in small claims court, however,....
1 - They would likely just pay out the claim, as it would cost them more time, effort and resources to defend the court claim than to just pay me the $3,000 in insured value; and
2 - If it did go to court, I maintain, based on the above and my earlier comments, that I would more likely than not prevail. The bottom line is, court judgements around matters like this typically come down to common sense and what a "reasonable person would expect in the given circumstances". Should I, or any external third party reviewing these particular circumstances, expect that, based on the lengths I went to to pack and protect this item, and given that I paid a company that specializes in shipping a hefty $275 to get this package to its intended location, that there is a valid reason for them to deny an insurance claim? I find it VERY hard to believe that ANY judge would rule in UPS' favour. If they did, on what basis? UPS
does not specifically mandate how my item should have been packaged - they only suggest. And would a judge look at my packing job and think I didn't take adequate measures to safeguard the item? Not a chance. No way, no how. The judge would conclude that UPS did not apply an appropriate duty of care in its handling of my item, and he/she would find in favour of the claimant - me. And that is exactly why I think they would likely just settle out of court once served with the court papers.
Mark Day":379fr8av said:
When I'm going off like this I do have a smile on my face
I know you do, Mark!

Just like I have a smile on my face as I type this retort!
Mark Day":379fr8av said:
At the end of the day wouldn't it be nice if all shipping companies just took better care of our stuff?
Agreed!
Peace!