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Fedex denying liability for life saving cat 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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You will have to post up the letter again because the file seems to be corrupt

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Hi again,

 

Though my wife paid for the order, it was me who had the ongoing correspondence with fedex. Naturally, I will do a power of attorney if necessary.

 

Here is the letter:

Federal Express Holly Lane Atherstone Warwickshire,

CV9 2RY. UK

 

 

Mobile 07468717730

Telephone 01827 30 30 30

Fax 01827 719510

 

 

 

 

 

®

 

 

 

 

May 14, 2018

 

)

BY EMAIL:

 

 

 

 

Dear Mr

 

Claim Number

I refer to the above claim issued by you on 26 April 2018 which relates to the shipment with

Air Way Bill Reference Number

 

I understand that this shipment was delayed and was not delivered on the expected delivery date. I further understand that you wish to claim £359.85 from FedEx for the cost of replacement medicine, the cost of duties, the cost of packaging, ice packs and the balance of a courier charge. This letter sets out why we are not liable to you for the amount claimed.

 

You will note that the carriage of this shipment was governed by FedEx Conditions of Carriage. A copy of such Conditions can be found at http://www.fedex.com/gb/services/terms/index.html. These Conditions set out FedEx's limits and exclusions of liability should your shipment be lost, damaged, delayed, mis-delivered or non-delivered.

 

I firstly refer you to Condition 19.4 (y). This Condition confirms that we are not liable for, nor shall any adjustment, refund, or credit of any kind be made as a result of any loss, damage, delay, caused by or resulting from the shipment of perishables or commodities that could be damaged by exposure to heat or cold. Your shipment contained perishables or commodities of this nature and we are not liable to you for the £207.48 claimed for the cost of replacement medicine.

 

In relation to the packaging and ice packs for which you claim £30.00 for, we assume that you are claiming this sum in relation to replacement packaging for the further medicine you claim that you need to order. If our assumption is correct then by virtue of Condition 19.1, we are excluded from liability to you for such cost due to the fact that such cost is consequential in nature.

 

In relation to the cost of duties you claim £64.37 for, these duties were payable by the consignee of the shipment. FedEx are not liable to refund any payments in this respect. Should the consignee wish to claim a refund, they should contact their local customs office to do so.

 

In relation to the £58.00 you claim for the balance of a promised refund of courier charge, I

can confirm that the transportation charges paid for this shipment, being £177.24, have been credited in full in line with the FedEx Money Back Guarantee. We are not therefore liable for the £58.00 claimed.

 

Finally, I note that you issued this claim on behalf of . Should you therefore wish to proceed with this claim, please provide a signed Power of Attorney which confirms that consents to you issuing this claim on her behalf.

Federal Express Holly Lane Atherstone Warwickshire.

CV9 2RY, UK

 

 

 

 

 

 

 

 

 

 

 

 

 

Yours sincerely,

 

 

� Paralegal

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Why is it that if you decide to go ahead in the County Court that your wife can't do this herself? Why is it that your wife can't do this herself anyway?

 

Also, had you declared the contents of the parcel and had you given any indication of it's sensitivity?

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Hi, thanks for the reply.

 

Yes regarding whether FEDEX knew it was of a sensitive nature.- this was written on the original invoice:" PERSONAL USE LIFE SAVING MEDICINE

FOR OUR CAT WHO IS IN BANGALORE PET HOSPITAL". Additionally, after the initial delay, I was in touch with the CEO of Fedex about how vital it was to get the medicine in time. It was never actually delivered - a contact of ours in India had to go collect it from the depot since Fedex could not be bothered to deliver it when it arrived.

 

Second - I did all the paperwork for the claim saying that I was the proxy for my wife since she was busy at work.

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You cannot send time limited perishables via fed ex.

They do not accept them under the normal terms.

It states it quite clearly in terms of carriage.

 

The case law is in the USA and will not standup here.

 

Power of attorney will cost you money.

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It was a temperature controlled medicine not a perishable. I called fedex prior to carriage and they were keen to help. I have it in writing.

 

 

You cannot send time limited perishables via fed ex.

They do not accept them under the normal terms.

 

 

It states it quite clearly in terms of carriage.

 

The case law is in the USA and will not standup here.

 

Power of attorney will cost you money.

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And also I dont think you have read the caselaw you have quoted.

 

CONCLUSION

 

41

 

Since we hold that there was no duty owed to Hampton, and that the injury and damages suffered were not reasonably foreseeable, Hampton is not entitled to recover. Federal Express, however, does not appeal from the district court's award of $100 in damages to Hampton, on partial summary judgment. Hence, Federal Express' liability is limited to $100, the amount declared in the airbill. Accordingly, the order of the district court is affirmed.

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It was a temperature controlled medicine not a perishable. I called fedex prior to carriage and they were keen to help. I have it in writing.

 

 

If you have it in writing that they accept a temperature controlled parcel with time limits then please post it up.

 

 

Temp controlled IS perishable.

 

If the temperature varies above or below a certain temp, the product is rendered unusable or unsafe.

 

 

Which one of the following did you use (approved means of carriage)

Packaging Option When to Use

 

C-Safe Compressor Containers

(+4°C to +25°C) •Eliminate the need for dry ice and associated challenges

•Maintain a consistent internal temperature of the payload compartment

 

Dry-Ice Containers/Envirotainers

(-20°C to +25°C) •Choose and hold shipment temperature set points

•Monitor temperature from pickup to delivery

•Count on controlled positioning in the aircraft

 

FedEx® Thermal Blankets •End-to-end solution - no blankets to buy or training required

•Includes FedEx Priority Alert PlusTM for enhanced tracking and visibility

•Cover perishable cargo during transportation

•Stabilize the cargo's temperature and shield it from weather fluctuation

 

FedEx® Deep Frozen Solutions

(-150° C) •Cost-effectively ship frozen medicines and patient specimens

•Eliminate the need for insulated boxes and dry ice

•Meet requirements to handle infectious substances

•Dry vapor technology enables up to10 days holding time

 

FedEx UN 3373 Pak and FedEx Clinical Pak •Safely transport infectious substances, non-infectious human or animal clinical samples and FDA-approved pharmaceuticals containing biological substances

•Are part of our Free Packaging FedEx Express Supplies

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I have just got a quote from them for a up to 5kg parcel, temperature controlled to Bangalore containing animal medicine with additional insurance (using your values on your claim)

 

They quoted £541.60.

 

So what haven't you told them.

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I think a bit more context will help this thread.

 

We are UK nationals who lived in India for two years as my wife was posted there on a secondment. We adopted a feral, stray cat as she was vulnerable. We are going to bring her back to the UK as soon as she recovers from a condition which meant that sadly, a vet had to remove all her teeth. We have spent thousands saving this creature and will be giving her a home.

 

I understand sgtbush that you are playing devil's advocate but don't understand your comment "what haven't you told them" . I wrote to Fedex as I said before, telling them everything.

 

 

As promised, here is the correspondence between Fedex and I BEFORE the booking:

 

""Thank you for the information reference the medicine you need to send.

 

 

 

 

I can confirm a cost of £55.66 using our FedEx Pak, based on 0.5 kilos. With an approximate three working day delivery (pending Customs clearance).

 

 

 

The only issue I can see is the clearance in India. I have reviewed our ‘additional service information screen’ and it states the following:

 

 

 

***Commercial shipments require an Import License from the Ministry of

 

Health of consignee. Personal shipments must include the prescription

 

statement from the doctor, the quantity must not exceed one month of

 

medication, and description on IAWB (and Invoice if required) should

 

read "personal medication***"

 

This was in reply to my question:

"Hi xxx,

 

 

 

Here is the link to the medicine. http://www.bestpetmeds.co.uk/p-3748-virbagen-omega.aspx

 

 

 

It is 200 grams without packaging. Please could you send some sort of invoice or quote in order that we can order the medicine - as we can't order the medicine without evidence it is going to be sent to India.

 

 

 

Thank you,

 

 

 

xxx"

 

 

As you will see, I made the order based upon my email correspondence with Fedex. We also purchased special wool insulation and icepacks to keep it temperature controlled.

 

I DID read the USA case law and it made it clear that liability is capped at $100 as the sender failed to make it clear what the medicine was and how much it cost.

 

I did both.

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