UPS Problems

[Al Ricci]

Al Ricci
1454 Main Street
West Warwick, RI 02893
Phone/Fax 401-823-7186
Cell 401-481-2252

PLEASE IF YOU HAVE RECEIVED THIS EMAIL PREVIOUSLY, ACCEPT MY APOLOGIES. I AM TRYING TO SEND THIS TO AS MANY FIREARM ENTHUSIASTS AS POSSIBLE AND DUPLICATES ARE INEVITABLE. THIS IS NOT INTENTIONAL.

To all recipients…..

I am writing to alert all in the shooting community of a potential problem we, as individuals, may suffer when dealing with the United Parcel Service. Let me explain.

I, as an individual, sold a valuable firearm to a dealer in Nevada. This transaction is perfectly legal under all Federal and State laws. The firearm was shipped via UPS and insured for $1,400. One would think that the GCA and applicable state laws would be the defining authority in transactions such as these. This isn’t the case when UPS is involved.

The package arrived and upon inspection of the contents, the rifle was severely damaged. It’s apparent that the package was subjected to prolonged intense heat as would be the case of sitting is a trailer in the middle of Nevada. The foam disintegrated and the rifle was badly damaged as a result of shifting and banging against the steel piano hinge of the aluminum case.

I’m sure some of you will question the packaging and am I in any way at fault for the damage. I think not since this is the way manufacturer’s ship firearms. The case was wrapped in heavy cardboard, strapped, impact cushions placed on all sides, wrapped again, strapped and wrapped one more time and strapped. It was then properly labeled and sent on its way. This is not the issue. The issue is the contradictory regulations of UPS.

My claim has been denied on the basis of the UPS tariff section 425 that states firearms will only be shipped between FFL holders with the exception of firearms being shipped for repair, modification, etc. Since I was unaware of this regulation, I will take the loss and consider it tuition of sorts. However, another UPS regulation states that firearms will only be shipped between licensed dealers only with no exceptions noted. These contradictory regulations are not very well known by shooting enthusiasts and, in my research, not very well known by dealers either.

The problem here is simply that individuals like myself leave themselves open for loss even when they believe they are complying with all laws and regulations. Based on these contradictory regulations, UPS would have denied my claim regardless of what the purpose of the shipment was; be it a sale or repair.

Based on this contradiction, a question arises. If a gun owner ships his firearm back to the manufacturer, via UPS, and damage or loss occurs, UPS regulations state that he in violation. Hence, he will be denied the claim. I have spoken with the legal departments of a couple of firearms manufacturers and they tell me they have a contract with UPS and shipments from an individual to their facility are within the regulations and that the return of the firearm is also within their regulations. I have to wonder, if Browning or Winchester ships my firearm back to me and damage or loss occurs am I going to take the loss? Any damage that occurs on the return trip back the individual will be paid on their (the manufacturer’s UPS insurance). However, damage that occurs on the way to the manufacturer would be covered under the individuals insurance. Either way, contract or not, UPS is violating its own regulations by shipping the firearms back to the individual owner. UPS sells the insurance, accepts the package and if damage occurs has these contradictory regulations that will cause a denial of a claim. An interesting situation wouldn’t you agree?

I have contacted the National Office of the NRA and am awaiting a reply. I also have participated in various forums in the on line community.

My purpose for this writing is not to seek absolution, forgiveness or shake a tin cup. My purpose is to try to alert as many others as possible of this potential problem with UPS. I don’t want my loss to be for nothing. If others are spared this aggravation, my loss would have served a purpose.

I urge that you review the UPS regulations and, if you see the regulations as I do as posing a potential problem for us law abiding gun owners, alert your organizations. I firmly believe that organization such as yours, the NRA, the ATA, etc. are obligated to warn their members of this very unfair and potentially costly loophole.

Feel free to contact me if you have any questions or comments.

Yours truly,


Al Ricci

http://www.ups.com/media/en/Final_Tariff_7-3.pdf

http://www.ups.com/content/us/en/resour ... earms.html

.44901.0

[David R.]

Did you declare the firearm at the UPS counter?
If you did, and if UPS has some regulation against non FFL-FFL shipments, than the person who accepted your rifle is at fault (ie, UPS is at fault). This is your strongest argument.
On top of that, the wording of UPS's policy is very weak and subjective, requiring that UPS somehow be aprised of intent of the shipment, presuemably beforehand. Sounds like you can bolster you claim by simply having the recipient ship the damaged gun back to you since that would complete the non-dealer to dealer back to owner cycle which their regulations say is permissable.
Good luck and thanks for the information.
-David

.44908.44901

[Joe Matusic, MD]

I have been posting on these forums since 1997 or 1998 (old Airgun Letter, etc). One of the first things I learned was that UPS is one of the most destructive things to our toys. One local friend had a very expensive prototype from a prominent airgunsmith shipped through UPS. THe barrel was sticking out of the end of the box upon arrival. I shipped my first 10 traps through UPS due to much lower shipping costs. They destroyed 4 out of the first 10. I changed to USPS and have shipped over 350 to date without a single one damaged (just learned one clipboard clip tore off of one due to my packing error).
My personal opinion is that UPS is at fault regardless of what you are sending. They damaged the product, even if it was not shipped exactly by the rules. I agree with the last post, if they asked what you are shipping and didn't pointout the issues then, then they are at fault. I would contact a local lawyer. UPS is well known for this kind of crap and they need called on it. I hope the NRA will step in and perhaps make this a class action kind of thing.
Joe.Matusic-at-Camc.org.44910.44901

[Roland Cannon]

I have shipped things through UPS for the last ten years at work. They destroy at least 3 boxes per month.
NEVER have they paid a claim. Every broken package is the fault of the shipper (after an internal UPS investigation...yea, sure...)
The letter starts with..."the package was not packed in compliance with guideline...."
The insurance is an even bigger farce.
.44929.44910

[Joe Matusic, MD]

The local UPS (South Charleston WV) store where I shipped these from had so many damaged articles that the clerk checking in the package opened and inspected each package for proper packing material and technique. Thanks to this, each of my claims was paid in full (weeks later). Bad news for my "business" is that the receiving person had to take the package back to the local UPS office to prove the damage, I had to then make another trap, delaying receipt of a product by up to 2 weeks.
Joe.Matusic-at-Camc.org.44952.44929

[Paul Benneche]

Over the last thirty years I have done a lot of shipping with UPS, Fed Ex, DHL, and many common freight carriers. These shipments have been work related and personal, shooting related and otherwise, domestic and international. I have had very few problems with any of them as long as the items are packed to withstand anything that might be normally (or even abnormally) incident to transportation. I found if I spent the extra time to make the packages as close to indestructable as possible then there were no problems.
peb-at-virginia.edu.44975.44901

[Tony T]

try FEDEX ground. It is less expensive and usually faster than UPS. An additional bonus is the packages arrive clean, unlike UPS parcels which are covered with black "soot".
Tony
ajtaraszk-at-aaol.com.45002.44901

[Yea, sure]

My company sells sticky, sweet syrup. I just found a notice in the mailbox regarding a damaged box. They refused the claim, but...
The driver, a friend , told me the box broke on the top of one of their belts. The sticky syrup made a heck of a mess and took the mechanics 4 hours to clean it up.

.45019.44929