Legal Question in Business Law in Pennsylvania

Shipper will not refund for a package they lost

A parcel service delivered a insured package of 2 loose diamonds to a customer without obtaining a signature, just left it unattended on a windy day at the front door.

Parcel service refuses to give a refund because they have a clause in their shipping paperwork stating that they do not ship ''Items of unusual value''. The parcel service told me that the authorized shipping outlet store that accepted the package is responsible for issueing me a refund because they should have never accepted the package. The authorized shipping outlet did not ask me what I was mailing nor did they present any notification to me that ''Items of unusual value'' should not be shipped. The authorized shipping outlet refuses to issue me a refund. They told me that they will issue me a refund if the Parcel services that lost the package credits them the cost of the missing diamonds.

I don't know if I can take legal action, and if I can take action with whom do I take it with?

Asked on 11/03/03, 11:45 pm

1 Answer from Attorneys

Alfred. Babb Babb & Associates, P. C.

Re: Shipper will not refund for a package they lost

Who sold you the diamonds and did the seller recommend using this shipper or did you find and select the shipper. Is the shipper insured for its work of delivering packages and what are the shipper's contract terms and policy regarding damage or loss. Did the shipper sign a paper regarding the delivery (or you?)...To many of these questions are unanswered to give you any sound advice on what to do at this point.

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Answered on 11/11/03, 2:49 am

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