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In this instance, getting customer service from UPS is like pulling teeth! I bought a bike and had it delivered to the hotel where I was staying. UPS delivered the bike on 16/May/2001 but the box was torn and split consistent with mishandling notwithstanding the "handle with care" warning clearly labelled on the box. The bike inside had parts missing and had a major dent in the frame. Normally this wouldn't be a problem, you'd just make a phone call and file a damage claim fill out some paperwork and submit receipts and quotes for repair and show them the damage. Since the claim was filed on or around the 22/May/2001 I have been getting "the run around". Anyway read on and have a laugh at my expense. On the strength of this experience I would find it difficult to recommend UPS to deliver anyone's bike. Read and judge for yourself...

17/May/2001
Please respond to Jimmy Morgan <jimluvsun@yahoo.com>
To: Craig Vernon/Australia/IBM@IBMAU
cc:
Subject: Re: Specialized Rockhopper 19" FS

Craig,
shoot. Yes there was 1 zip lock bag in the box with
the pedals and the seat post bolt. As for the brake
calliper i have no idea. The day before i shipped the
bike i took it for a test spin and i think i would
have noticed if the brakes were not right. I know the
frame was fine before i shipped it. Also i had to
remove the skewer to fit the wheel in the box but i
put it in the bag with the other stuff.
I have never made a damage claim before so let me know
how you want to proceed. My number is 940 387 4544 if
you want to talk to me directly. I check my messages
pretty often so if im not there ill get back to you.
Jimmy
--- Craig Vernon <cvernon@au1.ibm.com> wrote:
>
> Jimmy,
>
> I received the bike today. Unforunately, the bag you spoke of, with the seat post bolt, was not in the box but that is the
> smallest of my problems. The speedo magnet and the sensor fitting is missing. One side of the front brakes is missing.
> Next, there are no pedals and to cap it all off the frame has been damaged during transport. You sent it via UPS right? It
> is time to make a damage claim.
>
> I have some questions...
> (1) Can you tell me if these missing items were in the box? I am most concerned about the pedals and the brake arm.
> (2) Did you remove the skewers from the front wheel?
> (3) Did you unscrew the front brake arms from the
> fork?
>
> Regards, Craig
>
> +1-845-433-1516 tel
> +1-845-432-8264 fax
> Craig Vernon (on residency)
> IBM ITSO Bldg 8, Rm 2C3
> 2455 South Rd
> Poughkeepsie NY 12601 USA

24/May/2001
Please respond to Jimmy Morgan <jimluvsun@yahoo.com>
To: Craig Vernon/Australia/IBM@IBMAU
cc:
Subject: Re: Specialized Rockhopper 19" FS

Hey Craig,
I filled the report and UPS should contact you for an
inspection. The UPS guy said they would pay for the
insured value plus replace the missing parts.
When i shipped the box i had the guys at the local
bike shop help me pack it up and they said it was
safer in the box then anywhere else so i only insured
it to 100 dollars.
Im not sure how well UPS will treat you but illdo
what's needed to make it right. Hope it all works out
Jimmy
__________________________________________________
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31/May/2001
To: customer.service@ups.com
cc: jimluvsun@yahoo.com
From: Craig Vernon/Australia/IBM@IBMAU
Subject: 1Z 750 X21 03 1294 720 0

Hello Customer Service,

I recently had a parcel delivered to me, its tracking number was 1Z 750 X21 03 1294 720 0. The item, a bicycle, arrived damaged and with parts missing. The box had been split and torn from rough handling. The sender, James Morgan, has initiated a claim and told me that UPS would be contacting me to arrange an inspection, that was a week ago (May 23, 2001).

I have replaced the missing parts and have receipts that I can fax to someone and also quotes for frame replacement. I have not been able to get any estimates for frame repair, apparently nobody around here does such a thing. I have taken reasonable steps to mitigate my loss.

Can somebody please contact me urgently (today) regarding this matter by phone (1-845-433-1518) during business hours, or by email, with
(1) an update on status
(2) contact details of the person handling this matter.

Regards, Craig

+1-845-433-1518 tel 293-1518 tie line
+1-845-432-8264 fax
Craig Vernon (on residency)
IBM ITSO Bldg 8, Rm 2C3
2455 South Rd
Poughkeepsie NY 12601 USA

This correspondence is for the use of intended recipients only. Neither confidentiality nor privilege is waived due to incorrect delivery. If received in error, please delete this and notify the sender immediately, permission is denied for any other use.

31/May/2001
Please respond to customer.service@ups.com
To: Craig Vernon/Australia/IBM@IBMAU
cc:
Subject: UT20010530_0000001208 1Z750X210312947200

Please include the following line in all replies.
Email Reference Number: UT20010530_0000001208

Dear Craig Vernon:

Thank you for your inquiry. Our UPS Claims Department shows
claim #14306413 has been issued and is currently in process on
tracking number 1Z750X210312947200.

Please note, once a claim is entered into our system, UPS will
issue the result, as well as any necessary paperwork, to the
shipper of record. Please contact your shipper for further assistance.

If you have any questions or concerns, please feel free to contact
us.

Thank you for using UPS Internet Services.

Judee

05/June/2001
To: customer.service@ups.com
cc:
From: Craig Vernon/Australia/IBM@IBMAU
Subject: Re: UT20010530_0000001208 1Z750X210312947200

Judee,

thank you for the response. I am not sure we see eye to eye yet. The problem with the shipper handling all the paperwork is that I am the damaged party as my goods have been damaged and I have to deal indirectly as a third party which inevitably involves needless delay. I understand the preference to deal with the shipper as that is the person with whom UPS have a contract. While there is no doubting UPS have contractual obligations with the shipper, their tort obligations to me the damaged party are just as real. In fact because I am not bound by any contractual term, like one that limits the value of any claim for damage to the value of the insured amount, I am able to claim the full extent of damages and therefore potentially make the greater claim. Arguably on the basis of greater liability for damages, UPS owes me a greater obligation and should deal with me as willingly as it would with the shipper. Refer to your attorneys.

All I want is to have someone contact me to organise an inspection of the bike that was damaged during transport. I want someone from management, with the authority to make decisions and take appropriate action, to contact me regarding this issue. If there is no progress on this matter by Wednesday I will take steps to escalate this matter.

I have been in contact with the shipper, James Morgan, and I was told that he is waiting on a letter, which he is yet to receive but he was told by phone that UPS would contact me to make an inspection. I trust with your expeditious and judicious action this matter can progress to each of our satisfactions toward a speedy resolution.

Regards, Craig

+1-845-433-1518 tel 293-1518 tie line
+1-845-432-8264 fax
Craig Vernon (on residency)
IBM ITSO Bldg 8, Rm 2C3
2455 South Rd
Poughkeepsie NY 12601 USA

This correspondence is for the use of intended recipients only. Neither confidentiality nor privilege is waived due to incorrect delivery. If received in error, please delete this and notify the sender immediately, permission is denied for any other use.

07/June/2001
Please respond to customer.service@ups.com
To: Craig Vernon/Australia/IBM@IBMAU
cc:
Subject: Re: UT20010530_0000001208 1Z750X210312947200

Please include the following line in all replies.
Email Reference Number: UT20010530_0000001208

Dear Craig:

Thank you for your reply. We sincerely apologize for the inconvenience
this matter has caused. We have forwarded your concern to the
UPS District Damage Coordinator Department in which you may expect
to be contacted as soon as possible to set up a time to inspect
your damage package.

If we may be of future assistance, please do not hesitate to
contact us.

Thank you for using UPS Internet Services.

Patricia

07/June/2001
To: customer.service@ups.com
cc:
From: Craig Vernon/Australia/IBM@IBMAU
Subject: Re: UT20010530_0000001208 1Z750X210312947200

Patricia,

thank you for your reply. Even though you say "as soon as possible" can you please give me a date and time?

Regards, Craig

+1-845-433-1518 tel 293-1518 tie line
+1-845-432-8264 fax
Craig Vernon (on residency)
IBM ITSO Bldg 8, Rm 2C3
2455 South Rd
Poughkeepsie NY 12601 USA

This correspondence is for the use of intended recipients only. Neither confidentiality nor privilege is waived due to incorrect delivery. If received in error, please delete this and notify the sender immediately, permission is denied for any other use.

08/June/2001
To: Craig Vernon/Australia/IBM@IBMAU
cc:
Subject: Re: UT20010530_0000001208 1Z750X210312947200

Please include the following line in all replies.
Email Reference Number: UT20010530_0000001208

Dear Craig:

Thank you for your reply. Unfortunately, we are unable to provide
an actual date and time in which you will be contacted. If you
are not contacted by the end of the business day on 06/08/01,
please let us know.

Thank you for using UPS Internet Services.

Patricia

09/June/2001
To: customer.service@ups.com
cc:
From: Craig Vernon/Australia/IBM@IBMAU
Subject: Re: UT20010530_0000001208 1Z750X210312947200

Email Reference Number: UT20010530_0000001208

Patricia,

thank you, I was contacted yesterday by Joanne from your Damage Coordination Dept. Apparently the supervisor from the local centre is on vacation this week but returns Monday and will call me then to arrange an inspection. I will let you know if this does not happen. Thank you for your efforts to this point.

Regards, Craig

+1-845-433-1518 tel 293-1518 tie line
+1-845-432-8264 fax
Craig Vernon (on residency)
IBM ITSO Bldg 8, Rm 2C3
2455 South Rd
Poughkeepsie NY 12601 USA

This correspondence is for the use of intended recipients only. Neither confidentiality nor privilege is waived due to incorrect delivery. If received in error, please delete this and notify the sender immediately, permission is denied for any other use.

09/June/2001
Please respond to Jimmy Morgan <jimluvsun@yahoo.com>
To: Craig Vernon/Australia/IBM@IBMAU
cc:
Subject: Re: UT20010530_0000001208 1Z750X210312947200

Hey Craig,
no i have not heard anything. Anything good to report?
Next friday im shipping out with the navy so i hope we
can get everything worked out before then. If there is
anything i need to do let me know. Jimmy
--- Craig Vernon <cvernon@au1.ibm.com> wrote:
> Jimmy,
>
> have you heard anything?
>
> Actually I just got a call right now, but tell me if
> they have said
> anything to you.
>
> Regards, Craig

29/June/2001
To: customer.service@ups.com
cc:
From: Craig Vernon/Australia/IBM@IBMAU
Subject: Re: UT20010530_0000001208 1Z750X210312947200

Email Reference Number: UT20010530_0000001208

Patricia,

thank you for your assistance to this point. Unfortunately it has been to no avail. This matter has dragged on for an unacceptable amount of time.

I was contacted by Joanne on 7th June 2001 from the damage coordinator area. She called the local area supervisor (who looks after Fishkill area) and said he was on holiday and would be back 11th June 2001 at which time he would ring me to organise an inspection. I mentioned to her that it needed to happen that week because I would be travelling overseas after that. Noone called me that week to arrange for an inspection of the damaged goods and I was too busy, due to the nature of my business in Poughkeepsie, to chase it up. I was over to collaborate on writing a book and I had a deadline of Friday 15th June 2001.

I am now back in Australia, you do have offices here. I would be happy to have an inspection or supply any documentation that you want. I already have the receipts for the replacement of the missing parts and the cost of the replacing the damaged frame. While I was in the US I could not find anybody that would repair the frame, only replace it. As such I had fullfilled my duty to mitigate my loss.

I made people at UPS aware of my time constraints and in any event, started this whole process to allow reasonable time for the matter to be settled while I was in the US. Through no fault of my own, this matter has not been concluded, or even paid the due attention it deserves. I am justifiably indignant at the lack of service I have received. Throughout there has not been one display of problem ownership. I have been passed from one person and department to another.

I want (1) a number to which I can fax the receipts for the replacement of missing parts and quotes for frame replacement, and (2) the name and email address of your 2nd line manager (3) an action plan with dates to resolve this issue.

Regards, Craig

+61-2-9354-7283 tel
+61-2-9354-7797 fax
Craig Vernon
IBM Support Centre FB41
55 Coonara Avenue
West Pennant Hills 2125
Sydney, NSW, Australia

This correspondence is for the use of intended recipients only. Neither confidentiality nor privilege is waived due to incorrect delivery. If received in error, please delete this and notify the sender immediately, permission is denied for any other use.

30/June/2001
Please respond to customer.service@ups.com
To: Craig Vernon/Australia/IBM@IBMAU
cc:
Subject: Re: UT20010530_0000001208 1Z750X210312947200

Please include the following line in all replies.
Email Reference Number: UT20010530_0000001208

Dear Craig:

Thank you for your reply. We sincerely apologize for you not
being contacted. When a claim is issued for a package that
is $100 or less in value it is not necessary for an inspection
to be done. We just ask for the package be kept for five business
day. Any UPS domestic claims can not be handled outside of the
United States and are handled with the shipper of record. Your
shipper will need to contact UPS directly to resolve this issue.

Thank you for using UPS Internet Services.

Patricia

03/July/2001
To: customer.service@ups.com
cc:
From: Craig Vernon/Australia/IBM@IBMAU
Subject: Re: UT20010530_0000001208 1Z750X210312947200

Email Reference Number: UT20010530_0000001208

Patricia,

Thank you for your response but let me say that if you were sincere in your apology you would continue to address this matter until it is resolved.

Firstly, let me ask who instructed you to make this repsonse? I don't care that I am no longer in the US, I gave UPS every opportunity to resolve this matter while I was in Fishkill NY. UPS did nothing in 4 weeks.

I think it is a little too late to fall back on standard policy and procedures when they have so clearly failed and not once but twice, (1) when the goods were damaged (2) and when the damage claim failed to be handled in reasonable time. This situation is clearly out of line and I would think that some extra effort and consideration on UPS' part is entirely warranted under the circumstances. Please give me the name of your manager and a telephone number/email address so I can communicate directly with him or her.

I cannot believe the CEO of UPS would be very happy to hear about this matter from external sources and then to learn that nothing was done to resolve such a matter, when it so easily could have been. Hearing that getting customer service from their organization, is like pulling teeth, wouldn't delight any CEO. I have reported this matter to the US Fair Trading Commission for their consideration. I have received a response and the matter is in progress, it is Ref No. 1461778. I will continue to locate forums in which I can report this matter.

Regards, Craig

+61-2-9354-7283 tel
+61-2-9354-7797 fax
Craig Vernon
IBM Support Centre FB41
55 Coonara Avenue
West Pennant Hills 2125
Sydney, NSW, Australia

This correspondence is for the use of intended recipients only. Neither confidentiality nor privilege is waived due to incorrect delivery. If received in error, please delete this and notify the sender immediately, permission is denied for any other use.

12/July/2001
Please respond to customer.service@ups.com
To: Craig Vernon/Australia/IBM@IBMAU
cc:
Subject: Re: UT20010530_0000001208 1Z750X210312947200

Please include the following line in all replies.
Email Reference Number: UT20010530_0000001208

Dear Craig Vernon:

Thank you for your response. We contacted the Damage Recovery
Group regarding your claim. We explained the circumstances of
your claim, however, we did not have enough information to approve
the claim. The claim paperwork was sent to the shipper, Jimmy
Morgan, today 07/11/01. The shipper will need to provide UPS
with the following documentation in order to process the claim:

- The claim form he will receive (to be placed on top of the
documentation)
- A bill to UPS including the shipper's signature and the shipping
charges paid
- Copy of original invoice or statement to show value of merchandise
(in this case, the repair receipts)
- Copy of original shipping receipt

To ensure proper processing, the UPS shipper number and UPS claim
number must be included on the upper right-hand corner of all
correspondence.

If the shipper has additional questions, he can contact Janice
(Damage Recovery Group) at 972-686-2134. Please note, all claims
are handled between the shipper of record and UPS.

Thank you for using UPS Internet Services.

Angie

18/July/2001
To: customer.service@ups.com
cc: acci@showme.missosuri.edu, congresswatch@citizen.org, info@consumer-action.org, info@consumeralert.org, halt@halt.org, nacaa@erols.com, ncce@nclnet.org, consumerlaw@nclc.org, info@nclnet.org, uspirg@pirg.org
From: Craig Vernon/Australia/IBM@IBMAU
Subject: Re: UT20010530_0000001208 1Z750X210312947200

Angie,

thankyou for your response. Jimmy Morgan has shipped out on duty with the US Navy so that is an additional reason that it is futile to send paperwork to him. I do not know when he will return. I do not intend to be delayed until his return. I thought we had already established my right to deal with UPS in this matter directly. At law I certainly have this right, so why does UPS attempt to deny my right?

Since the position of "shipper" takes on so much importance to UPS procedures then let me tell you that legally, through the principle of agency, I can claim to be the shipper. As Jimmy Morgan acted on my instructions he was, in effect, acting as my agent. The legal doctrine of agency is well known, speak to your attorneys for an explanation.

Please send me the forms, preferably electronically, or fax them to my international fax number listed below. I have all the documentation that you need, I even have the shipping record: <UPSshippingRecordSide1.jpg> <UPSshippingRecordSide2.jpg>

If you can not meet this request then please give me the contact details of the manager of customer service.

Regards, Craig

+61-2-9354-7283 tel
+61-2-9354-7797 fax
Craig Vernon B.App.Sc. LL.B.
IBM Support Centre FB41
55 Coonara Avenue
West Pennant Hills 2125
Sydney, NSW, Australia
Visit us at http://www.ibm.com/services/au/its

This correspondence is for the use of intended recipients only. Neither confidentiality nor privilege is waived due to incorrect delivery. If received in error, please delete this and notify the sender immediately, permission is denied for any other use.

20/July/2001
Please respond to customer.service@ups.com
To: Craig Vernon/Australia/IBM@IBMAU
cc:
Subject: Re: UT20010530_0000001208 1Z750X210312947200

Please include the following line in all replies.
Email Reference Number: UT20010530_0000001208

Dear Craig Vernon:

Thank you for your response. Unfortunately, we are unable to
process this claim without the necessary documentation that can
only be provided by the shipper.

Thank you for using UPS Internet Services.

Angie

27/July/2001
To: customer.service@ups.com
cc: (bcc: Craig Vernon/Australia/IBM)
From: Craig Vernon/Australia/IBM@IBMAU
Subject: Re: UT20010530_0000001208 1Z750X210312947200

Email Reference Number: UT20010530_0000001208

Angie,

thankyou for your response. What you have said is untrue. I have all the documentation you need. In my previous email I sent an image of the shipping record/invoice, in any event UPS do NOT need this as they have their own copies and indeed I have the other documentation. In any event, I will not argue this point any longer with you as this is just delaying a remedy.

Please send me contact details of the manager of customer service.

Regards, Craig

+61-2-9354-7283 tel
+61-2-9354-7797 fax
Craig Vernon
IBM Support Centre FB41
55 Coonara Avenue
West Pennant Hills 2125
Sydney, NSW, Australia
Visit us at http://www.ibm.com/services/au/its

This correspondence is for the use of intended recipients only. Neither confidentiality nor privilege is waived due to incorrect delivery. If received in error, please delete this and notify the sender immediately, permission is denied for any other use.

24/July/2001
Please respond to customer.service@ups.com
To: Craig Vernon/Australia/IBM@IBMAU
cc:
Subject: Re: UT20010530_0000001208 1Z750X210312947200

Please include the following line in all replies.
Email Reference Number: UT20010530_0000001208

Dear Craig Vernon:

Thank you for your response. Our system shows that we received
claim paperwork from the shipper on 07/20/01.

If you would like to correspond with our Corporate Headquarters
by mail, you may write to the following address:

United Parcel Service
Attn: Customer Relations Manager
55 Glenlake Parkway, NE
Atlanta, GA 30328

Thank you for using UPS Internet Services.

Angie

24/July/2001
To: customer.service@ups.com
cc:
From: Craig Vernon/Australia/IBM@IBMAU
Subject: Re: UT20010530_0000001208 1Z750X210312947200

Email Reference Number: UT20010530_0000001208

Angie,

thank you for your response and the contact at your corporate headquarters. What UPS needs to understand is that it is my property which has been damaged and any settlement of the claim needs to be negotiated with me. What is UPS' intention? To pay the shipper for damage which UPS has caused to MY property? Your procedures, or at least the way they are being executed in this instance, seem to make no account of this.

Regards, Craig

+61-2-9354-7283 tel
+61-2-9354-7797 fax
Craig Vernon B.App.Sc. LL.B.
IBM Support Centre FB41
55 Coonara Avenue
West Pennant Hills 2125
Sydney, NSW, Australia
Visit us at http://www.ibm.com/services/au/its

This correspondence is for the use of intended recipients only. Neither confidentiality nor privilege is waived due to incorrect delivery. If received in error, please delete this and notify the sender immediately, permission is denied for any other use.

25/July/2001
Please respond to customer.service@ups.com
To: Craig Vernon/Australia/IBM@IBMAU
cc:
Subject: Re: UT20010530_0000001208 1Z750X210312947200

Please include the following line in all replies.
Email Reference Number: UT20010530_0000001208

Dear Craig Vernon:

Thank you for your response. UPS is obligated to the shipper
of record since they paid UPS the shipping charges. If the shipper
wishes to have the claim paid to the receiver, he can request
this by sending a letter to the UPS Claims Department. For more
information on UPS Claim procedures, please see the UPS Trademark
and Tariff document at the following link: http://www.ups.com/trademark/trademark.html

Thank you for using UPS Internet Services.

Angie

25/July/2001
To: customer.service@ups.com
cc:
From: Craig Vernon/Australia/IBM@IBMAU
Subject: Re: UT20010530_0000001208 1Z750X210312947200

Email Reference Number: UT20010530_0000001208

Angie,

thank you for your response. No document containing a set of conditions will supplant UPS' liability to me in tort for the damage it caused to me through its negligence.

In any event I read the document and found that you have been misinterpreting your own procedures. I call your attention to item 510 p.9 where it provides "...No claims will be voluntarily paid unless filed in writing by or on behalf of the shipper..." The phrase "on behalf of" actually means that I can file the claim on behalf of the shipper. This makes no difference to my position at law but it does to yours personally. Because you have acted outside your company's guidelines if this matter is litigated you can be named personally as a joint defendant. If UPS makes the claim that you exceeded your authority and they therefore are not responsible for any damage you caused and the Court agrees you would become personally liable for any amount of damage caused by delays due to incorrect insistence to deal only with the shipper.

I believe it is time you escalate this matter to your management, as your refusal to do so may also be exceeding your authority and it seems clearly beyond your capabilities to deal with this in a reasonable and timely manner.

Regards, Craig

+61-2-9354-7283 tel
+61-2-9354-7797 fax
Craig Vernon B.App.Sc. LL.B.
IBM Support Centre FB41
55 Coonara Avenue
West Pennant Hills 2125
Sydney, NSW, Australia
Visit us at http://www.ibm.com/services/au/its

This correspondence is for the use of intended recipients only. Neither confidentiality nor privilege is waived due to incorrect delivery. If received in error, please delete this and notify the sender immediately, permission is denied for any other use.