Who is responsible?

[MattSchwartzLA]

Jurisdiction

California

Alrighty now. This appears to be a BAILMENT issue with the involvement of a 3rd party - the freight company. I repair specialty coffee appliances that are shipped by FEDEX to out of state customers. I shipped something to a customer that was damaged during shipping. I packed it extremely well, because I know how boxes get tossed around during FEDEX GROUND or anybody's ground shipment. Well, it was damaged. Clearly it was FEDEX's fault.. There was insurance to cover this however FEDEX is playing hardball no surprise there. I sent them photos whatever they requested but they decided to refuse to pay the claim. Am I now responsible to reimburse the BAILOR for the damages in this case?

 

[army judge]

Am I now responsible to reimburse the BAILOR for the damages in this case?

Your client has no relationship with FEDEX.

Whether there is a bailment or "contract for carriage" is of no concern to your client.

You, and your business, are solely responsible to make whole your client.

You might then choose to "eat it" (unless you have insurance to cover these incidents), or if you're unable to come to terms with FEDEX, your recourse is to bring a lawsuit against FEDEX.

I suggest you consult with your attorney tomorrow, as well as contact your client to indemnify his/her loss.

You might find this site to be informative:

FedEx - Services - Terms and Conditions

FedEx - Restrictions and Items not accepted for Carriage)

FedEx Shipping Guide - Conditions of Carriage

condominium corporation 2 Provide for insurance common element expenses enforce



A Real Bailment Contract

 

[adjusterjack]

I repair specialty coffee appliances that are shipped by FEDEX to out of state customers.

If you want to avoid this kind of thing in the future, buy your own insurance to cover customer property while in transit. It's called an Inland Marine Floater and can be customized for your business. If you already have business insurance it can be added to your policy by endorsement.

I agree with Army Judge. You can kvetch all you want about FedEx being at fault but you are the one that has to cover your customer's loss ASAP and then fight with FedEx for reimbursement.