Showing results for tags 'medicine'.
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Hi all I hope that somebody an assist with a money claim online against FedEx. It concerns a package that was mailed by my wife and I from the UK to India. It contained life saving medicine for our cat. Unfortunately it was delayed –FedEx admits liability for the delay – and it meant that the medicine was no longer viable. It was specially packaged in insulated wool with ice packs which kept it temperature controlled for 72 hours. FedEx have refunded the £177 that we paid them for carriage but we have had to pay another £207 for the medicine (its original cost) plus another £50 or so for the packaging for the medicine. We submitted the claim and FedEx asked for extended time. We then received a letter from a paralegal from TNT stating that their conditions of carriage meant they were not liable. I’ve attached the letter here. When I sent the claim, FedEx had not at that point refunded all of the original order but they have now. The letter is attached. Fedex had to reply by 29th May. What I’m puzzled about is that this letter is not recorded on my money claim online dashboard but seems to be trying to warn me off continuing with the claim. I have a couple of questions: 1.) Can I ignore this letter and just see whether FedEx will actually dispute the claim and go to court to contest or just pay up? 2.) If it goes to court, does anybody agree that the conditions of carriage are unreasonable exclusion clauses and that just because they said they are not liable does not mean that the court will agree. I stated that the cat medicine was £207 in the original FedEx order. I just want to be put back to my original position. I have letters from the vet saying that the medicine is no longer viable plus a letter from the drug company stating what would happen to the medicine if it ceased to be temperature controlled 3.) Do I need to provide a power of attorney for my wife? Thanks in advance for any advice – basically – should I continue the claim or is it unlikely to succeed? NB: Some interesting caselaw here: https://openjurist.org/917/f2d/1119/hampton-hampton-v-federal-express-corporation
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