I had a shipment from Hong Kong to the U.S. shipped by UPS on F.O.B. term and buyer should settle the payment by D/P before they could take the shipment. However, the buyer failed to provide the documents to take the shipment and UPS sent the shipment to their "over-goods" warehouse without notifying us. Since it usually takes some times for bank to process D/P payment, I did not find out until about a month and a half after the shipment date. I contacted UPS and they replied the shipment was in their "over-goods" warehouse and sent us photos of the shipment as proof that they still had the shipment rather than mistakenly released the shipment. I then requested UPS to provide us info on how to access the shipment so that I could arrange to sell the shipment to another buyer. After several months of back and forth communication, they now replied the shipment is lost and could only offer a settlement based on about USD$20 /kg as per the UPS "terms & condition". Can anyone tell me if that is already the best I can get out of it even the settlement amount is a lot less than the value of the goods and further legal action will be futile? Thanks.
Consumer Law Issues: Ups Lost My Shipments and Agreed Only to Compensate As Per T and C
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