Michael
Blaine,#2Consumer Comment
Thu, April 30, 2009
I reviewed the tracking information. FEDEX delivered the package properly according to the Spartan Corporation instruction. Though it likely would not have recovered the computer, it could have been requested that FEDEX place a tracer on the shipment. Unfortunately, it is beyond the 30 day period that FEDEX requires for a late or lost shipment. It was not your responsibility to place a tracer or indicate that the shipment was late. The responsibility for a shipment, via any carrier, is always 100% with the shipper, Spartan Corporation in this case. Spartan Corporation chose not to insure the computer. They also chose not to require a signature. Whether it is company policy or employee error, the liability is purely with Spartan Corporation. The liability also would be with the shipper if any damage occurred during a shipment. The recipient, you in this case, can not conduct a claim even if they wanted to. Again, the party that placed the shipment is always 100% liable and responsible. With a little thought, the reasoning for this protocol should be obvious. Even if Spartan monitored their shipments, as they should, they could not verify it was received properly as no signature was required. It is odd Spartan Corporation does not require that signature for their own protection, as their customers potentially could receive the shipment properly and still dishonestly state that they never saw it. Spartan Corporation leaves themselves wide open for loss liability with no insurance or signature. Even if the package was determined lost and unrecoverable, Spartan Corporation could only collect the default $100 value as a maximum due to no additional insurance placed on the computer. Should the recipient be liable for the conduct of the shipper? Of course not. Signatures, insurance, how well it is packaged, etc, is all done by the shipper. The recipient, you in this case, is merely at the mercy of the shipment until it arrives properly. Legally, Spartan Corporation owes you the monetary value of that computer or an equivalent replacement. Your burden now lies with how well Spartan Corporation stands behind their work - which not only includes the computer service, but also the packaging and shipping details of it's return to you.