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Maverick
Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5766
Experience:  20 years of proefessional experience
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I have a non-US foreign Passport stamped with an H1B visa

Customer Question

I have a non-US foreign Passport stamped with an H1B visa valid until Jan 2018. I work in the tech field.
I was getting a Canadian Visa and my passport was shipped on a pre-paid envelope from the Canadian embassy in Los-Angeles to me in Bay area, CA using UPS highest priority setting, next day air with early AM.
According to UPS tracking, the package left the Canadian embassy Friday Dec 4 and reached the Oakland hub Sunday Dec 6 and was scheduled for Delivery on Monday Dec 7th early am (before 8:30). They failed to deliver on Monday and over the phone they told me expect it on Tuesday and then on Tuesday they said we don't know where the package is since it arrives at the Oakland facility. Here is what the UPS tracking shows:
We're attempting to verify the package location. / Lost package investigation
That is also what they told me over the phone.
They asked me to contact the Canadian Embassy as they are the shipper and they should get involved as well.
it is a hassle for me. Not only did I lose my conference plans and have to cancel everything, but now I almost lost my passport with my H1B visa and all identification information. I am required to nullify both visa and passport and contact the police.But I Can not do that before the investigation is over in 8 days as all of these actions are irreversible.
My question:
What is the legal liability of UPS in this situation. Can I sue them?
The package was declared with document in it so no value was declared. I had my passport shipped to me form different embassies more than I can remember, I am almost out of white pages and I travel very often for work. I always use Fedex and have never had this problem. This is the first time to use UPS since for some odd reason the Canadian embassy doesn't accept Fedex airway bill as a pre-paid return envelope.
Thanks.
Submitted: 12 months ago.
Category: Consumer Protection Law
Expert:  Maverick replied 12 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick. Please note that:

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Customer: replied 12 months ago.
Hi, where I can see answer?
Expert:  Maverick replied 12 months ago.

ANSWER:

UPS has the following disclaimer as part of their terms and conditions of service:

UNDER NO CIRCUMSTANCES SHALL UPS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS, MISDELIVERY OF, OR DAMAGE TO PROPERTY, DELAYED DELIVERY, OR FAILURE TO ATTEMPT DELIVERY IN ACCORDANCE WITH THE UPS SERVICE GUARANTEE, WHETHER OR NOT UPS HAD KNOWLEDGE SUCH DAMAGES MIGHT BE INCURRED. UNDER NO CIRCUMSTANCES SHALL UPS BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR DELAYED DELIVERY, EXCEPT AS SPECIFICALLY PROVIDED FOR SHIPMENTS MADE UNDER THE UPS SERVICE GUARANTEE.

This is common and thus it will serve as a defense to the claims that you are alleging. I know this is not what you wanted to hear; but I am assuming that you are paying for an honest and professional answer.

Expert:  Maverick replied 12 months ago.

See answer above also. The service guarantee basically gives you a right to ask for a refund or credit. See below:

Worldwide Service Guarantee UPS guarantees on-schedule delivery of UPS Worldwide Express Plus, UPS Worldwide Express, UPS Worldwide Expedited shipments and UPS Worldwide Express Freight. In the event UPS fails to complete delivery or attempt delivery within UPS's time commitment, UPS, at UPS's option, will credit or refund the shipping charges to the payer, upon request, subject to the following conditions: a. UPS's guaranteed delivery schedule has been obtained by referencing UPS's Web site or contacting UPS's Customer Service office. b. The shipment is properly documented on a UPS source document or in an automated UPS shipping system. c. Each package in the shipment bears the appropriate UPS tracking label and address label showing the consignee's correct name, deliverable address, and postal code. d. The shipment is tendered to UPS during UPS's published business hours. e. All applicable documentation required by the origin and/or destination country is complete and included with the shipment. f. UPS is notified in writing or by telephone of a service failure within fifteen (15) calendar days from the date of scheduled delivery and is advised of the consignee's name and address, date of shipment, package weight, and the UPS Tracking number. . g. For UPS Worldwide Expedited shipments, the guarantee shall apply only to shipments originating in, or destined for, the U.S., and when the billed party is resident in the U.S. and is responsible for all shipping charges. The guarantee does not apply to shipments which are delayed due to causes beyond UPS's control including, but not limited to, the following: the unavailability or refusal of a person to accept delivery of the shipments, delays caused by the consignee, acts of God, public authorities acting with actual or apparent authority on the premises, acts or omissions of customs or similar authorities, riots, strikes or other labor disputes, civil commotion, disruptions in the air or ground transportation networks, such as weather phenomena, and natural disasters. Exclusions The UPS Service Guarantee does not apply to: –Shipments tendered pursuant to Drop Shipments, special operating plans, or customized handling or processing arrangements. –Shipments processed using a UPS Automated Shipping System that is not located at the pickup address assigned to the UPS account number on which the shipment was made. –Packages subject to a Large Package Surcharge or Additional Handling Fee, packages that exceed maximum size or weight limits, or to shipments containing any package or pallet subject to a Large Package Surcharge, Additional Handling Fee, Oversize Pallet Handling Surcharge, or that exceed maximum size or weight limits. –Shipments made using a Call Tag. –Shipments subject to a Delivery Intercept, Delivery Change Request, or a UPS My Choice® request. –Shipments that are delayed due to causes beyond UPS’s control including, but not limited to: ***** ***** or refusal of a person to accept delivery of the shipment, acts of God, natural disasters, war risks, acts of terrorism, acts of public authorities acting with actual or apparent authority, acts or omissions of customs or similar authorities, authority of law, insufficient information provided by a customer, Hazardous Materials packages improperly offered for transport, the application of security regulations imposed by the government, or otherwise applicable to the shipment, riots, strikes or other labor disputes, civil unrest, disruptions in national or local air or ground transportation networks (including, but not limited to, UPS’s transportation network), disruption or failure of communication and information systems, and adverse weather conditions. –International shipments for which the shipper has selected the Receiver or Third Party as the payer of any applicable duties and taxes and delivery is delayed until payment arrangements are made. –UPS Import Control® shipments for which the shipper has selected commercial invoice removal.