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Metalworking (rec.crafts.metalworking) Discuss various aspects of working with metal, such as machining, welding, metal joining, screwing, casting, hardening/tempering, blacksmithing/forging, spinning and hammer work, sheet metal work. |
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Legal question
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Legal question
On Wed, 26 Oct 2005 14:25:36 -0400, Ned Simmons wrote:
It seems pretty simple to me. My impression is that when you spoke to FedEx you thought you may have received the package due to an error on the part of the shipper. In that case FedEx has no reponsibility to straighten out someone else's mess. Now that you've ruled that out, How is that ruled out? call FedEx and tell them it's not your engine and they need to come and get it and do their best to get it to the rightful owner. It might irk you that the engine may never get to its proper destination (it would me), but I don't think you have any claim on it. It's not like you found it in the street with no idea of where it's been - it was consigned to FedEx and it's their responsibility. FedEx already told him to pound sand. |
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Legal question
Ned Simmons wrote:
Now that you've ruled that out, call FedEx and tell them it's not your engine and they need to come and get it and do their best to get it to the rightful owner. It might irk you that the engine may never get to its proper destination (it would me), but I don't think you have any claim on it. It's not like you found it in the street with no idea of where it's been - it was consigned to FedEx and it's their responsibility. I would consider this option if I didn't want to spend the time searching for the rightful owner. But searching could be interesting - I'm sure it is possible to find the truth if you are really determined. The truth is out there :-). Maybe some biker guy saw your website and you became his personal hero, so he decided to send you his old bike engine? Maybe it really was meant for you? It is rather odd that there's no documentation inside. Most companies will include an invoice, and I do the same when I sell stuff on eBay for exactly this reason - if the label gets lost the destination is clear as soon as the package is opened. Chris |
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Legal question
On Wed, 26 Oct 2005 19:16:59 GMT, Ignoramus3242 wrote:
On Wed, 26 Oct 2005 19:09:56 +0000 (UTC), Christopher Tidy wrote: Maybe some biker guy saw your website and you became his personal hero, so he decided to send you his old bike engine? Maybe it really was meant for you? That would be a cool sign of admiration. That kind of goes back to my theory of "someone here sent it to you to mess with you and watch the fun". Diabolical, that. |
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Legal question
In article ,
lid says... On Wed, 26 Oct 2005 14:58:39 -0400, Ned Simmons wrote: In article , lid says... On Wed, 26 Oct 2005 14:25:36 -0400, Ned Simmons wrote: In article , lid says... Suppose that you receive a parcel that you never expected. For example a crotch rocket motorcycle engine. There is no return address. All reasonable efforts to find the owner fail. No one contacts me in, say, 2 weeks. Does this item become my property? Would it be legal to throw it away in garbage? Would it be legal to sell it on ebay? Is there a registry of stolen motorcycle engines? What if I sell it and a month later, an owner materializes. Do I owe anything to the owner. I am very leery of the idea of selling this motor on ebay. It looks like plenty of stolen motorcycle stuff is sold there and I, with the lame story of fedex leaving it in my driveway, would look like a thief. If I do not mention that story at all, then people would ask all kinds of pointed questions like "how did you end up with this engine if you do not know anything about it". It seems pretty simple to me. My impression is that when you spoke to FedEx you thought you may have received the package due to an error on the part of the shipper. In that case FedEx has no reponsibility to straighten out someone else's mess. Now that you've ruled that out, call FedEx and tell them it's not your engine and they need to come and get it and do their best to get it to the rightful owner. It might irk you that the engine may never get to its proper destination (it would me), but I don't think you have any claim on it. It's not like you found it in the street with no idea of where it's been - it was consigned to FedEx and it's their responsibility. Ned Simmons It was addressed to me, not to someone else. But you said you think that FedEx addressed it to you in error after damaging the original packaging. If that's the case it's clear to me that you have no claim on the engine other than the fact that it's sitting in your garage. Only after making another attempt to explain this clearly and unambiguously to FedEx, preferably in writing, and then waiting a reasonable amount of time, would I consider the engine mine. I already told them that I received it in error. They did not care. I have no interest in babysitting them and going out ot my way to keep their pockets full. I don't think you owe FedEx anything at this point either, but the engine does not belong to FedEx. It belongs to some unknown person that you've been diligently trying to identify. If and when you come to a dead end trying to locate the owner yourself, to my way of thinking, the proper thing is to return the engine to FedEx and let them try. The fact that you're understandably annoyed with some flunky at FedEx doesn't strengthen your claim to the engine. I *don't* think you're obliged to go to great lengths to return the engine, but if you can't ID the owner yourself, the next best chance of getting it where it's supposed to be lies with FedEx. A call to someone who gives a **** at FedEx requires less effort on your part than you've made so far searching for the owner yourself. Ned Simmons |
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Legal question
"Ned Simmons" wrote in message ... In article , lid says... On Wed, 26 Oct 2005 14:58:39 -0400, Ned Simmons wrote: In article , lid says... On Wed, 26 Oct 2005 14:25:36 -0400, Ned Simmons wrote: In article , lid says... Suppose that you receive a parcel that you never expected. For example a crotch rocket motorcycle engine. There is no return address. All reasonable efforts to find the owner fail. No one contacts me in, say, 2 weeks. Does this item become my property? Would it be legal to throw it away in garbage? Would it be legal to sell it on ebay? Is there a registry of stolen motorcycle engines? What if I sell it and a month later, an owner materializes. Do I owe anything to the owner. I am very leery of the idea of selling this motor on ebay. It looks like plenty of stolen motorcycle stuff is sold there and I, with the lame story of fedex leaving it in my driveway, would look like a thief. If I do not mention that story at all, then people would ask all kinds of pointed questions like "how did you end up with this engine if you do not know anything about it". It seems pretty simple to me. My impression is that when you spoke to FedEx you thought you may have received the package due to an error on the part of the shipper. In that case FedEx has no reponsibility to straighten out someone else's mess. Now that you've ruled that out, call FedEx and tell them it's not your engine and they need to come and get it and do their best to get it to the rightful owner. It might irk you that the engine may never get to its proper destination (it would me), but I don't think you have any claim on it. It's not like you found it in the street with no idea of where it's been - it was consigned to FedEx and it's their responsibility. Ned Simmons It was addressed to me, not to someone else. But you said you think that FedEx addressed it to you in error after damaging the original packaging. If that's the case it's clear to me that you have no claim on the engine other than the fact that it's sitting in your garage. Only after making another attempt to explain this clearly and unambiguously to FedEx, preferably in writing, and then waiting a reasonable amount of time, would I consider the engine mine. I already told them that I received it in error. They did not care. I have no interest in babysitting them and going out ot my way to keep their pockets full. I don't think you owe FedEx anything at this point either, but the engine does not belong to FedEx. It belongs to some unknown person that you've been diligently trying to identify. If and when you come to a dead end trying to locate the owner yourself, to my way of thinking, the proper thing is to return the engine to FedEx and let them try. The fact that you're understandably annoyed with some flunky at FedEx doesn't strengthen your claim to the engine. I *don't* think you're obliged to go to great lengths to return the engine, but if you can't ID the owner yourself, the next best chance of getting it where it's supposed to be lies with FedEx. A call to someone who gives a **** at FedEx requires less effort on your part than you've made so far searching for the owner yourself. Ned Simmons Ned and all, If you sent an engine off via fedEx and it didn't get where it was going what would you do? I imagine that the person that got this engine will be getting a call from FedEx trying to locate the package and avoid paying the insurance. LB |
#8
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Legal question
brassbend wrote:
"Ned Simmons" wrote in message ... In article , says... On Wed, 26 Oct 2005 14:58:39 -0400, Ned Simmons wrote: In article , says... On Wed, 26 Oct 2005 14:25:36 -0400, Ned Simmons wrote: In article , says... Suppose that you receive a parcel that you never expected. For example a crotch rocket motorcycle engine. There is no return address. All reasonable efforts to find the owner fail. No one contacts me in, say, 2 weeks. Does this item become my property? Would it be legal to throw it away in garbage? Would it be legal to sell it on ebay? Is there a registry of stolen motorcycle engines? What if I sell it and a month later, an owner materializes. Do I owe anything to the owner. I am very leery of the idea of selling this motor on ebay. It looks like plenty of stolen motorcycle stuff is sold there and I, with the lame story of fedex leaving it in my driveway, would look like a thief. If I do not mention that story at all, then people would ask all kinds of pointed questions like "how did you end up with this engine if you do not know anything about it". It seems pretty simple to me. My impression is that when you spoke to FedEx you thought you may have received the package due to an error on the part of the shipper. In that case FedEx has no reponsibility to straighten out someone else's mess. Now that you've ruled that out, call FedEx and tell them it's not your engine and they need to come and get it and do their best to get it to the rightful owner. It might irk you that the engine may never get to its proper destination (it would me), but I don't think you have any claim on it. It's not like you found it in the street with no idea of where it's been - it was consigned to FedEx and it's their responsibility. Ned Simmons It was addressed to me, not to someone else. But you said you think that FedEx addressed it to you in error after damaging the original packaging. If that's the case it's clear to me that you have no claim on the engine other than the fact that it's sitting in your garage. Only after making another attempt to explain this clearly and unambiguously to FedEx, preferably in writing, and then waiting a reasonable amount of time, would I consider the engine mine. I already told them that I received it in error. They did not care. I have no interest in babysitting them and going out ot my way to keep their pockets full. I don't think you owe FedEx anything at this point either, but the engine does not belong to FedEx. It belongs to some unknown person that you've been diligently trying to identify. If and when you come to a dead end trying to locate the owner yourself, to my way of thinking, the proper thing is to return the engine to FedEx and let them try. The fact that you're understandably annoyed with some flunky at FedEx doesn't strengthen your claim to the engine. I *don't* think you're obliged to go to great lengths to return the engine, but if you can't ID the owner yourself, the next best chance of getting it where it's supposed to be lies with FedEx. A call to someone who gives a **** at FedEx requires less effort on your part than you've made so far searching for the owner yourself. Ned Simmons Ned and all, If you sent an engine off via fedEx and it didn't get where it was going what would you do? I imagine that the person that got this engine will be getting a call from FedEx trying to locate the package and avoid paying the insurance. I've never shipped an engine, though I've received a couple Honda S90 engines. OTOH, I send out about 4 FedEx shipments a day and have been for the last 8 years. That's about 8000 shipments. FedEx has lost 2 of them. In both cases the shipments were insured, we notified FedEx and sent them a copy of the invoice and they sent us a check. To our knowledge, the shipments were never found. I think I've just talked myself into self-insuring our FedEx shipments (: |
#9
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Legal question
"Jim Stewart" wrote:
OTOH, I send out about 4 FedEx shipments a day and have been for the last 8 years. That's about 8000 shipments. FedEx has lost 2 of them. In both cases the shipments were insured, we notified FedEx and sent them a copy of the invoice and they sent us a check. To our knowledge, the shipments were never found. I think I've just talked myself into self-insuring our FedEx shipments (: IIRC, they are insured for $100.00 by default as part of the basic shipping price. Jon |
#10
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Legal question
Jon Danniken wrote:
"Jim Stewart" wrote: OTOH, I send out about 4 FedEx shipments a day and have been for the last 8 years. That's about 8000 shipments. FedEx has lost 2 of them. In both cases the shipments were insured, we notified FedEx and sent them a copy of the invoice and they sent us a check. To our knowledge, the shipments were never found. I think I've just talked myself into self-insuring our FedEx shipments (: IIRC, they are insured for $100.00 by default as part of the basic shipping price. True, but virtually all of our shipments are valued at over $100. About $400 would be the average. |
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