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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  #1   Report Post  
Ned Simmons
 
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Default Legal question

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


  #2   Report Post  
Dave Hinz
 
Posts: n/a
Default 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.

  #3   Report Post  
Ned Simmons
 
Posts: n/a
Default Legal question

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.

Ned Simmons
  #4   Report Post  
Christopher Tidy
 
Posts: n/a
Default 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

  #5   Report Post  
Dave Hinz
 
Posts: n/a
Default 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.


  #6   Report Post  
Ned Simmons
 
Posts: n/a
Default 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



  #7   Report Post  
brassbend
 
Posts: n/a
Default 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   Report Post  
Jim Stewart
 
Posts: n/a
Default 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   Report Post  
Jon Danniken
 
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Default 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   Report Post  
Jim Stewart
 
Posts: n/a
Default 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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