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Rifles, Reloading, Optics, Equipment
Equipment Discussions
Weatherby - Whats a fair resolve for this mess
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<blockquote data-quote="BountyHunter" data-source="post: 1320354" data-attributes="member: 12"><p>It was poorly packed by weatherby for sure and what was it insured for but due to packing shipper is not liable? </p><p></p><p>If it was not insured, UPS will not pay other than the $100 base coverage. </p><p></p><p>I would write a letter to CEO Weatherby and include pictures. Bet you will get satisfaction. Plus if you see the comments below, the shipper was obviously negligent and the insurer will not cover based on your photos IMO.</p><p></p><p>On the other side, both UPS and FEDEX only offer $100 coverage. You can purchase additional but it technically is not insurance, it is "additional coverage". If you have ever filed a claim with them, they wil normally deny but here is how to get around it. I have made them pay several times.</p><p></p><p>Liability of shippers/carriers is controlled by the Carmack Amendment of 1906 to the Interstate Commerce Act which "makes carriers liable for the full actual loss, damage, or injury*** caused by them to property they transport and declares unlawful and void any contract, regulation or tariff, or other means of limiting liability. " </p><p></p><p>The statute codifies that a carrier is liable for damage to goods transported UNLESS it can show the damage was cause by one of the following exceptions allowed by law:</p><p></p><p>a. the act of God,</p><p>b. public enemy</p><p>c. the act of the shipper himself</p><p>d. Public Authority</p><p>e. the inherent vice or nature of the goods.</p><p></p><p>Those are the ONLY exceptions for the carrier. Since they cannot show any of those they are on the hook.</p><p></p><p>By the way, this was specifically upheld the US Supreme Court ruling in Missouri Pacific Railroad vs. Elmore & Stahl, (1964).. The above comments were taken from the Supreme Court decision.</p><p></p><p>FEDEX can pay the claim OR end up in court, where they will pay the claim AND my costs for filing and attorney!!!!</p><p></p><p>Everyone should keep this statement above and use it if needed.</p></blockquote><p></p>
[QUOTE="BountyHunter, post: 1320354, member: 12"] It was poorly packed by weatherby for sure and what was it insured for but due to packing shipper is not liable? If it was not insured, UPS will not pay other than the $100 base coverage. I would write a letter to CEO Weatherby and include pictures. Bet you will get satisfaction. Plus if you see the comments below, the shipper was obviously negligent and the insurer will not cover based on your photos IMO. On the other side, both UPS and FEDEX only offer $100 coverage. You can purchase additional but it technically is not insurance, it is "additional coverage". If you have ever filed a claim with them, they wil normally deny but here is how to get around it. I have made them pay several times. Liability of shippers/carriers is controlled by the Carmack Amendment of 1906 to the Interstate Commerce Act which "makes carriers liable for the full actual loss, damage, or injury*** caused by them to property they transport and declares unlawful and void any contract, regulation or tariff, or other means of limiting liability. " The statute codifies that a carrier is liable for damage to goods transported UNLESS it can show the damage was cause by one of the following exceptions allowed by law: a. the act of God, b. public enemy c. the act of the shipper himself d. Public Authority e. the inherent vice or nature of the goods. Those are the ONLY exceptions for the carrier. Since they cannot show any of those they are on the hook. By the way, this was specifically upheld the US Supreme Court ruling in Missouri Pacific Railroad vs. Elmore & Stahl, (1964).. The above comments were taken from the Supreme Court decision. FEDEX can pay the claim OR end up in court, where they will pay the claim AND my costs for filing and attorney!!!! Everyone should keep this statement above and use it if needed. [/QUOTE]
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Weatherby - Whats a fair resolve for this mess
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