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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5766
Experience:  20 years experience as a civil trial and appellate lawyer
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I used Gazelle.com to trade in my cell phone. They provided

Customer Question

I used Gazelle.com to trade in my cell phone. They provided me a Fedex shipping label and the package was lost in transit. Who is liable? What is my recourse?
Submitted: 11 months ago.
Category: Legal
Expert:  Maverick replied 11 months ago.

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ANSWER:

You can file a claim with Fed Ex; but they have terms and conditions that limit their liability for lost packages to $100.

Customer: replied 11 months ago.
Thank you for your reply, however I have to disagree. I could only file a claim with Fedex if I was the shipper of record. Since the company Gazelle provided me with a shipping label, they are technically the shipper. My question still has not been answered, who has liability for my missing items? Should I need to sue, would it be Gazelle? I can't imagine suing Fedex since they are only the carrier and their responsibility lies with Gazelle since that's their customer. I was under the impression I would need to sue Gazelle and they would need to recover funds from Fedex...
Expert:  Maverick replied 11 months ago.

Yes, you are correct that Gazelle would have to file for the claim with Fed Ex. Fed Ex is the ultimate liable party since its negligence caused the package to be missing. If you need to sue, you need to sue Gazelle for breach of contract upon which they would join Fed Ex on a negligence action as a third party defendant.

Customer: replied 11 months ago.
What do you mean "upon which they would join Fedex"? Does that mean I should sue Gazelle and Fedex at the same time in the same case?
Expert:  Maverick replied 11 months ago.

You would not have standing to sue Fed Ex as you have no privity with it. You would sue Gazelle and then in the same suit, Gazelle would turn around and sue Fed Ex because Gazelle contracted with Fed Ex to make the delivery.