Page 2 of 2 FirstFirst 12
Results 11 to 14 of 14

Thread: Everyone please weigh in on this as to what to do

  1. #11
    Join Date
    Jan 2014
    Location
    Winchester, CA
    Posts
    233

    Default

    I definitely don't think that the customer should be liable for the transit of the bees unless they chose UPS are their preferred method. Once those packages leave your hands they are the carrier's responsibility, and they need to get those bees delivered live. It is definitely UPS' fault and they should pay for all of the damages including your lost fees and the price that the buyer's paid. Both you and the buyer shouldn't have to pay for any of the expenses.

  2. #12
    Join Date
    Jan 2014
    Location
    eastern North Carolina
    Posts
    151

    Default

    Unfortunately, it sounds like you are going to have a hard time winning on this one. It's basically against all of the terms of service that the transportation of live animals isn't protected. They have to do that because otherwise they would be held responsible for sick animals being transported and dying along the way.

  3. #13
    Join Date
    Jan 2014
    Posts
    309

    Default

    File for damages , moral damages and other claims you could file against them. Where do you reside? What laws govern your commerce and transaction online, If you have one let your lawyer check on the provisions to see what other things could be filed against them. UPS is supposed to be liable because of its negligence, you could order a refund on your money since the delivery was not made at all.

  4. #14
    Join Date
    Feb 2014
    Posts
    163

    Default

    Quote Originally Posted by Mill Pond Apiary View Post
    I own a honey bee business and recently decided to sell packages of honey bees on ebay. June 3 of this year I sold 200 packages through ebay. I shipped these packages through UPS which has shipped live honey bees for years. In this transit, 196 of the packages were put on a trailer and closed up, killing all 196. The 4 remaining went another route and did not go through this hub and made it to there destination with no problems.

    In my listing I state with a disclaimer that all shipments of my honey bees are shipped FOB origin, which states legally that the title to the item passes from me to the buyer when it leaves the origin ( my business).

    When the packages started to arrive at there destination 100% dead (yes UPS delivered them dead) or did not deliver them at all, lost in transit due to them having to call someone in and clean up the trailer and tossed some, buyers started the resolution process. In this process, Ebay stated that they will refund there money because, get this, they want to take care of there customers in the transaction. I can understand that, but wait, the buyer did not pay a dime to ebay to BUY they item, I paid over $1800.00 in sellers fees to sell them. So who's the customer?

    Anyway., Ups is being handled with a suit from my attorney as they also will no refund any damages even though it was clearly there negligence. Ebay found in my favor on 4-5 of these packages but found in the favor for the rest. Even though they are the same instance.

    My questions are these.
    What actions should be taken legally?
    IS there any actions that can be taken?
    and if so, what court system?
    Should the , if any, legal action be directed to ebay or paypal since both took money back out of my account, not only my paypal account but also my bank account.

    Thanks and any help would be appreciated
    Personally I would take them both to court, individually and bring up both the negligence and the fact that they took money from your Paypal and bank account, yet at the same time did not refund your sellers fee etc, This is despicable and quite honestly disgusting in today's society.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •