UPS Customers Press 9th Circ. To Revive Overcharge Case

[Returntosender]

UPS Customers Press 9th Circ. To Revive Overcharge Case - Law360 Need a LexisNexis account to read full article.

 

[UpstateNYUPSer(Ret)]

This is a waste of time---nowhere does UPS specify the mode of transport for any of our products. The only guarantees are time in transit and delivery commit times. As long as we do our jobs right what difference does it make how we get it there?

 

[bbsam]

Does "Next Day Air" imply a certain manner of transport? Although I tend to agree that it should be seen as frivolous, contracts and agreements , written or implied, can be a basis for expensive legal wrangling.

 

[dilligaf]

Does "Next Day Air" imply a certain manner of transport? Although I tend to agree that it should be seen as frivolous, contracts and agreements , written or implied, can be a basis for expensive legal wrangling.

Imply? Yes, it does imply a certain mode of transportation but that does not necessarily mean that it will go by a certain mode of transportation.

 

[oldngray]

it IS frivolous but sadly has a chance with 9th Circuit ( worst in US ).

 

[TUT]

Stupid, service guides and contracts cover this. If a shipper doesn't like it, and more to the point, doesn't get it, don't use it. Stupid.