Legal Question in Consumer Law in Massachusetts

package delivered to wrong address

I had a GPS unit repaired under warranty by the manufacturer. I was issued an RMA number coupled to an address in NH. I inquired if that number was still valid since I had moved to MA. I was given a new RMA number tied to my MA address.

Evidently I put the wrong RMA number on the package and it was returned to the address in NH where I no longer live. I have friends in the area that checked with the current residents about the package. They deny any knowledge of ever having seen the package.

The manufacturer did not have checks in place to realize that the RMA was superseded and the package should be returned to my MA address. The manufacturer chose to use UPS as the shipping carrier and authorized them to not require a signature for delivery. UPS claims the package was properly delivered to the address specified. The manufacturer did not insure the package.

The bottom line is I am out one GPS unit. Can I make any claim against The manufacturer ?

Asked on 9/11/07, 4:49 pm

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: package delivered to wrong address

It seems to me that if YOU put the wrong number on the box, YOU caused the mistaken delivery. There are and should be limitations on liability in even consumer transactions. I think that you are out one GPS unit, due to your error.

I'm all for making corporate America responsive. "Responsive" and "an insurer against any and all possible errors," however, are not at all the same concepts.

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Answered on 9/12/07, 4:05 pm

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