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Right on Vinny!
If the cretins at UPS appeal, you will kick their butts again, for truth, justice and the American way are on your side.
I am glad I was able be of some help. Standing up for justice in the face of tyranny is just the way I roll.
Congrats my friend!
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07-30-2015 08:30 PM
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Beautiful
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Yay Vinny!!!
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Justice prevailed - It's been a great day!
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A big special thank you to you Marc and goldenwave. Both of you guys were Knights in shining armor.
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Congratulations, Vinny!
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Vinny you Rock! Good story, happy ending.
Awesome Buddy really awesome.
Joe D
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Awesome news
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This is a win for all of us and a very valuable lesson on guitar shipping. I will never feel warm and fuzzy when I pay for shipping insurance ever again. Next time I ship a guitar I will require a lot of documentation and insurance guarantees in writing. I think what sunk them is what goldenwave gave me. Calif. section code 2194. Remember this law if you are a west coast cat.
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that's fantastic , congrats!
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Terrific.
I'm a cynical person in general, so when I ship guitars, I have the UPS store pack the boxes, and I have my guitars shipped to the UPS store so that I can open the package in front of them.
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Klatu I will follow your way of thinking for now on for sure.
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Happy endings are the best, aren't they!
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Might there be federal equivalents of same?
California section code:
2194. Unless the consignor accompanies the freight and retains
exclusive control thereof, an inland common carrier of property is
liable, from the time that he accepts until he relieves himself from
liability pursuant to Sections 2118 to 2122, for the loss or injury
thereof from any cause whatever, except:
1. An inherent defect, vice, or weakness, or a spontaneous action,
of the property itself;
2. The act of a public enemy of the United States, or of this
State;
3. The act of the law; or,
4. Any irresistible superhuman cause.
2195. A common carrier is liable, even in the cases excepted by the
last section, if his want of ordinary care exposes the property to
the cause of the loss.
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Outstanding! It is good to know that sometimes justice does prevail. I am very pleased that she smiled upon you.
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Yo, UPS! Broken necks don't lie!
Way to go, Vinny!
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Congrats vinny,
I guess some of those Karma points you earned on the Amp give away really came in handy ;-)
Well done!
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just had a feeling the whole time, as I'm sure a lot of us did....
sometime nice guys really do finish on top
congrats Vinny...
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Yé Yaille Vinny !!
congrats,
you' re a strong and good man !
christophe
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Best happy ending in a long time! Congrats Vinny and thanks for all your time and energy you've put in this. And now it's party time.
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Oh yeah, oh yeah!
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BOOYAH! Vinny for the Win!
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Nice one Mr V.
It just goes to show belief and focus will get you through tough times, whatever the problem.
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Vinny.
I think everyone on this Forum is ecstatic with your good news,
well done my man, for having the tenacity and courage to take
UPS on by yourself ,and for the support you have had, particularly
from Stringswinger & Goldenwave. Just goes to show........
Best,
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Originally Posted by silverfoxx
This is great news to end the week. Congratulations to Vinnie and his on-site legal team for doing a good job in assembling materials into a convincing presentation.
I am glad Cal. Code 2194 came in handy.
There may well be analogous counterparts to this provision in other states...statutory "contrafacts" if you will. Big railways were feared during the 1880's and in California, the Union Pacific came to be known as "the Octopus". The legal response was to regulate them as "common carriers" which had some precedent in English common law, I believe. Big railways were surely feared throughout the U.S. Midwest and South, as smaller farmers needed them to ship grain to bigger markets, and rebates/preferential treatment to larger shippers could have been ruinous to them.
There have been a lot of good suggestions throughout this post, as to shipping procedures, etc. Basically, make sure you can document entrusting the goods to the shipper in good condition, and READ YOUR CONTRACTS BEFORE SIGNING THEM. Some of these provisions can be waived or altered---you can be held to agreeing that they are not applicable--and you'll lose. If your shipper has language in its contracts, etc. or terms and conditions, waiving or altering statutory remedies or standards of care, cross them out and initial the changes to show you are not agreeing to them, before a problem arises: That "cross out" obviously has to appear in all carbon copies, etc. of the agreement.
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