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I have an interesting question regarding a recent purchase of a brass instrument. It was purchased in a private sale on July 22 with an arrangement to ship the item to me via UPS. The horn was dropped off at a UPS franchise. I spoke with a person at the store regarding shipping and paid for shipping and insurance with my credit card. I have a UPS tracking number for the shipment.

The instrument did not arrive and a UPS investigation was begun. UPS did not find the package and presumably a payment including the value of the horn plus the shipping will be issued by UPS. As an aside, the payment will be made to the person who dropped off the instrument, not me, although I paid for the shipping and insurance. I’m not happy about that but I believe the seller to be an honest person and he said he will remunerate me.

This is where it gets interesting. Sometime after the date that instrument was supposed to arrive, but didn’t, I received word from the seller that the store (the UPS franchise, not UPS) knew who had the instrument. He gave me the phone number of the person and I called her. She said, yes, she had the instrument, it had been very poorly packaged (I had paid extra for special packing) and she had no idea why it was delivered to her. She promised to drop it off at a UPS store (not the same store because the shipping store was not near her). Having been in contact with the original store (store 1) I assumed they would rearrange shipping through the second store (store 2).

An additional week went by and the instrument was not dropped off. During this time, through a series of calls to store 1 and UPS I learned two things. Store 1 refused to tell me how they knew the phone number of the person who incorrectly received the instrument or why it went there in the first place. Second, and more importantly, I learned that store 1 never informed UPS that they had information regarding the whereabouts of the instrument. They were stonewalling me (and UPS!) for some reason, and I don’t think I have any way of finding out why.

Eventually the horn was dropped off at UPS franchise store 2. I have no issue with the fact that the person took a week to drop off the instrument because she had no obligation to do anything whatsoever for me. I’m just thankful that it eventually happened. In conversation with store 2 they confirmed that the horn had been very poorly packaged: “doesn’t meet UPS standards.” I arranged a second time to have it shipped, with a new payment for shipping and insurance and of course, new tracking number. Tracking indicates it should arrive tomorrow.

Here’s the issue. I believe UPS will issue a full payment for the instrument and shipping. Assuming that the instrument arrived undamaged, I don’t believe I am entitled to full payment. On the other hand, service by store 1, and by extension, UPS was miserable. UPS lost the instrument, and it was not recovered through their efforts. It is unlikely they are even aware that it has been recovered.

I have some choices; 1 keep all the money; 2 send back all the money (except shipping); 3 negotiate - if that's even possible.

Very interested to hear thoughts or suggestions.

Hup

Some people seem to have kind of stuck their necks out, to rescue the "horn". Maybe just Store 1 - they did the obvious right thing to notify the sender, when probably they were supposed to go through channels.

Seems likely the temporary recipient contacted them, and that's how they knew her phone number, but you appear to suspect there was more to it. In any case, my guess would be that Store 1's reticence is for the benefit of people who helped shed some light on the story.

It would seem that you are entitled to whatever expenses you incurred...the shipping costs, for sure, and any other costs you incurred. But aside from your inconvenience and anxiety, I don't think you had any outlay. If you'd had to rent an instrument to play a performance for which this tuba was supposed to be available, that would be a legitimate expense in my view...but I think it would be stretching it to claim not having the tuba was a cost to you...although in some sense it was.

I'd not keep all the money because you did get the tuba, for which you paid. Keeping the money might be some kind of fraud or other crime.

If you got to someone in customer service and explained your situation and put a dollar figure on your inconvenience, "emotional pain," etc., you might find a sympathetic ear if you had a concrete proposal. Certainly someone did something illegal here, but I don't know whether it is worth it to get someone fired, etc., when the final outcome was OK. Depends on how aggrieved you feel. I'm sure there is some government agency to which you could complain.

I'd be tempted to just give thanks for the found tuba and play it. It's a great story...

Not to be a pessimist, but let's see if it arrives to you undamaged before making plans for anything. Truly hope it arrives okay!

I'm no lawyer, but I think the idea is just that you have to be "made whole," and that you won't be out any money of your own beyond what you would have paid for a smooth transaction. Unless there is actually some damage, you don't have "damages" to claim additional compensation.

A few years ago, I received a Rudy Meinl with a badly damaged bell, courtesy of poor packaging at a UPS store location in Colorado. Start to finish, the claims process took about 2 months I think, but the end result was a check for the full amount of the repair estimate. I think I got lucky... and maybe you did, too!

The instrument (it's not a tuba) arrived today in good condition. I called UPS to let them know. It was very time-consuming to explain the situation, and I had to do it twice, and then wait a third time for the second person to describe it to a supervisor. They had no knowledge of the second shipment and would have no way of knowing that I received the horn, except that I told them. At this time I expect UPS to void the insurance claim. I was as clear as I could be that the shipping charge should be refunded for the first shipment because that shipment was not completed. By the end of the second conversation I think that was understood. Unfortunately, the refund will not come from UPS, but from store 1, and that makes me nervous.

If I don't get the refund I will kick myself because it would have been a lot easier to just say nothing and let the insurance settlement go through. I would have gotten a payment I didn't deserve, but the store also would have been given a black mark they very richly did deserve.

Hup

The UPS franchise stores are one of the worst ways to ship a package, particularly an instrument. In my nearly 20 years of regularly shipping tubas, I typically send them either via motor freight or the bus lines. When I was in Atlanta, I had an AmTrack station nearby and used it also.

hup_d_dup wrote:Unfortunately, the refund will not come from UPS, but from store 1, and that makes me nervous.

Might I suggest that you follow up your phone convesration with UPS with a letter to both UPS and Store #1 recounting your misadventure as a way of "encouraging" the parties to resolve the matter in a timely manner? Include as much detail as possible, including dates and (approximate) times you contacted the various parties, the names of the parties you spoke with and name (if known) and phone number of the woman to whom the instrument was delivered initially, as well as stating your expectation that the shipping charge for the first (or second, if the cost was higher) shipment be refunded, and send copies to them, preferably with (at least) signature confirmation so that neither party can deny receipt of your letter or knowledge of the situation.