Lets say I sit down at my computer on Monday, go to a website, and order a widget. I pull out my credit card, and pay ABC company for the cost of the widget plus the cost of whatever service level of shipping that I choose. UPS has a time-in-transit gurantee, so for whatever service level I am paying for I am getting a gurantee that the package will arrive at my doorstep by a certain date.
Lets say I pay extra $$ for 2nd Day Air. Lets say that Wednesday comes around and I am waiting for my widget, and it never gets delivered.
As the customer....I dont care about "semantics". It doesnt matter to me whether the item is damaged, or misloaded, or misdelivered, or has as bad SPA label, or if the driver was given a hopeless dispatch so that his management team could cut enough cars to look good on a report. The only thing that matters....is that I paid extra money to have my widget delivered on Wednesday, UPS failed to deliver my widget on Wednesday, so I want my money back. If I am already unhappy about not getting what I paid for, the last thing that UPS should be doing is making a bad situation even worse by jerking me around and saying that I "futured' it or "refused" it or inventing a bogus "emergency condition" so that they can get out of refunding me my money.
If we damage it and therefore fail to deliver it on time, the package is "missed". Period.