Plants stolen during transit

More likely the box was damaged somewhere in transit and the missing plants and packing list fell out. I used to be in the shipping business and $hit happens, particularly with the machinery used to sort and distribute packages.

Report this to UPS immediately if you haven't already done so, as they may accept liability up to whatever their limit is. If you insured the shipment, your chances of recovering your full loss are better.

 

Most of the time, the shipper is the one that must file claims with the carrier. Contact Equagenera; it is their responsibility to get what you ordered to you, as you likely paid them to ship it to you and did not arrange the transportation yourself.

Assuming you paid with a credit card, if they tell you it’s UPS’s fault, tell them that you intend to file a dispute with the card issuer. You did not get what you ordered, so you do not have to pay for it.

 

I’ve had this happen occasionally over the last few decades (and even a few weeks ago from a very reputable importer), but I have never found any issue from the shipping company other than the typical “crushed box” damage. When I have reported back to the vendor, they typically respond that it is their mistake that things didn’t make it into the box including the packing slip and that they can refund or send in the next shipment. It is typical when things are real busy to have a few smaller things not make it into the box.

 

Speaking as a former claims manager, the owner of the goods is the party entitled to file claim against the carrier. Since Raven paid the shipping charges, the terms of sale were likely ex works, meaning title passed to her when the carrier picked up the shipment from Ecuagenera. Ecuagenera could easily deny any responsibility unless they want to make an accommodation for customer relations purposes.

By all means notify Ecuagenera that you hold them responsible, but if you don't also notify UPS, you may extinguish your rights of claim against both parties.

 

No need to go to the formality of terms for small, domestic shipments. As a former global logistics director, sure, but it just seems to me that the payer of the transportation invoice always has more clout on a claim. I’ll bet Raven didn’t pay UPS, she paid Ecuagenera, who paid UPS.

 

I feel you. USPS and fedex in particular (haven't had issues with ups and amazon) have gotten absolutely terrible, mostly since the pandemic. It's gotten to the point that there's about a 40% chance you won't get your package, and if you do you'll be lucky if it doesn't look like it fell out of an airplane. And always several days late. I've had so many packages stolen by drivers I'm scared to order anything. It's pathetic and they're no help. The companies you order from shouldn't be responsible for a driver's incompetence. They misdeliver regularly and they've even held packages for ransome and made me pay for them saying they couldn't deliver for whatever stupid reason and that I'd have to go to the post office and pay for it. Always ask for insurance and tracking. If it didn't happen so regularly it might be forgivable, but the drivers are kinda trashy people. I know neighbors have caught them stealing stuff on camera, and one hit a dog with a clipboard for no reason and the dog needed stitches afterwards. I don't understand how they can stay in business but i guess that's government bailout bureaucracy for you.

 

I disagree about the responsibility.

The typical scenario is that you order something, and a shipping charge is added. It might be the exact charge that the vendor will pay, an estimate, or something else labeled as “shipping and handling” that maybe inflated to create extra profits. In my case, shipping is included in the price. No matter what, the buyer pays the shipper for contracting the delivery service, but it is the vendor who actually does so.

The vendor, therefore, is wholly responsible for ensuring the goods are properly delivered to the customer.

When I place an order with the manufacturer to restock KelpMax, I arrange the shipping, so the supplier has absolutely nothing to do with it. I have never, in 50 years, arranged the shipping of an orchid order I placed.