Legal Logic: Who is responsible for holiday packages?


rhodeshow.com. HAPPY HOLIDAY SHOPPING! Brendan: BUT BEFORE WE GO SPENDING THAT MONEY FOR THE HOLIDAYS, WE ARE GETTING SOME LEGAL LOGIC ADVICE. YES, HERE THIS MORNING TO TALK HOLIDAY. SHOPPING, SENDING PACKAGES AND WHAT WE NEED TO KNOW WITH REGARD TO LIABILITY AND CREDIT IS OUR FRIEND, ATTORNEY BRIAN CUNHA. WELCOME BACK. HAPPY THANKSGIVING. SAME TO YOU. ALWAYS NICE TO HAVE YOU HERE THIS TIME OF YEAR. DOING A LOT OF SHOPPING AND ORDERING. I’M WAITING FOR MY TAYLOR SWIFT VINYL TO ARRIVE. THERE ARE MANY THINGS TO KEEP IN MIND WHEN IT COMES TO PACKAGES. WHO’S RESPONSIBLE FOR THIS, THAT, THE OTHER THING. WHAT DO WE NEED TO KNOW HERE? INTERSTATE SHIPPING. IN-STATE IS STATE LAW. OUTSIDE IS COVEREDED BY THE CARMAC AMENDMENT WHICH IS BASICALLY STRICT LIABILITY. IN OTHER WORDS, IF YOU SHIP A PACKAGE AND IT’S LOST OR DESTROYED, THE CARRIER HAS TO PAY FOR IT. HOWEVER, MOST OF THEM HAVE EXEMPTIONS, WHICH MEANS THAT THEY WILL LIMIT LIABILITIES AND THEY PUT IT RIGHT IN THE WRITTEN CONTRACT SO YOU HAVE TO BE CAREFUL WHEN YOU SHIP YOUR PACKAGE. Brendan: WHAT IF SOMETHING IS DAMAGED AND WE SEE IT ON THE FRONT STOOP THERE AND IT IS DAMAGED. RIGHT. IT IS REALLY, REALLY IMPORTANT WHEN YOU GO TO U.P.S. OR FEDERAL EXPRESS, WHEREVER YOU GO, THAT YOU GIVE THEM A DECLARED VALUE. OK? AND THAT THE PACKAGE IS INSPECTED. IF IT’S INSPECTED, THEY LOOK A IT. THEY HAVE TO PAY FOR THE LOSS. OK? BUT IT’S VERY, VERY IMPORTANT. PUT THE RIGHT AMOUNT OF MONEY AS TO WHAT THE VALUE IS WORTH. IF YOU DON’T DO THAT, AND SOMEONE SHIPS IT AND THEY SEE GEEZ, IT IS GOING TO COST ME ANOTHER $5 OR $10 AND THEY VALUE THE PACKAGE AT, YOU KNOW, $300 AND IT’S REALLY $1,000, THEY’RE ONLY GOING TO GET $300. Brendan: AND MANY TIMES WE’RE AT THE COUNTER PREPARING TO SEND SOMETHING AND THE CLERK IS ASKING US QUESTIONS AND WE DON’T KNOW THE ANSWERS. SO, IT IS GOOD TO BE PREPARED TO KNOW THE WEIGHT, PERISHABLE, WHAT’S IN THERE BREAKABLE, ALL THAT STUFF. IT’S BASICALLY YOUR CONTRACT. A CONTRACT BETWEEN YOU, THE SHIPPER T CARRIER WHOEVER IT IS. AND THAT LITTLE CONTRACT IS EVERYTHING. AND IT IS THE MOST IMPORTANT DOCUMENT THERE IS. AND WHEN YOU’RE GOING TO SHIP SOMETHING, YOU HAVE TO MAKE SURE THAT YOU GIVE THE RIGHT WEIGHT, THE RIGHT VALUE AND THE RIGHT SIZE OF THE PACKAGE. BECAUSE OTHERWISE IF IT’S LAST YEAR, YOU ARE OUT OF LUCK. Brendan: ABSOLUTELY. BECAUSE THAT KIND OF LEADS US INTO THE NEXT TOPIC HERE. IF IT’S STOLEN, WE GET HOME AND THEY SAY IT HAS BEEN DELIVERED AND YOU GET THERE AND IT IS GONE. IF IT IS STOLEN, AGAIN THERE’S LIABILITY. HOWEVER, IF YOU DON’T DECLARE THE RIGHT VALUE, YOU ARE OUT OF LUCK. IT IS LIKE LOSING YOUR CREDIT CARD. IF YOU DON’T TURN IN YOUR CREDIT CARD WITHIN TWO DAYS, WHICH IS ANOTHER INTERESTING THING TO TALK ABOUT. TWO DAYS. YOU GET TWO BUSINESS DAYS TO TURN IN TO ALERT YOUR BANK THAT YOU LOST YOUR CREDIT CARD. OTHERWISE YOU ARE LIABLE UP TO $500. IF YOU DO IT WITHIN 48 HOURS, IT’S 50. TWO DAYS, $500. OVER TWO MONTHS, YOU ARE LIKE FOR THE ENTIRE THING. Brendan: SO WE REALLY HAVE TO ACT QUICKLY AND SWIFTLY. GOOD ADVICE FOR THE CHRISTMAS HOLIDAYS. SHIPPING YOUR GOODS AND — Brendan: ABSOLUTELY. WE HAVE TO PROTECT OURSELVES. THANK YOU VERY MUCH, BRIAN. ALWAYS A PLEASURE TO HAVE YOU HERE.

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