Rolex STOLEN by a FedEx employee

[Mosco]

This is an update to a previously posted thread, here is the link: http://rolexforums.com/showthread.php?t=107448

The reason I felt the need to post yet another thread here in the Rolex discussion is that several things were revealed to me in the recent past which should be seen by all without having to dig through 8 pages of info.

As previously discussed, I shipped a SS GMTII Ceramic on the day before Christmas, which fell on Friday in 2009. So, I shipped via FedEx for Saturday delivery, as the very nice gentleman who entrusted me with his money needed the watch on that Saturday for his Father's birthday. Obviously, the watch didn't make it (money, naturally, was refunded in full to the buyer upon revelation of the loss)

Typically, I use USPS to deliver such goods, but they were unable to guarantee Saturday delivery, so FedEx was our only option. Granted, we did not read the small print, as we were pressed for time to get the watch out.

When at FedEx/Kinko's, the employee was misleading in stating that as long as we can prove what is in the package, we will be covered in case of loss/damage. Furthermore, upon inquiring and being told that there is a $5000+ watch in the package, he didn't bat an eye and accepted our parcel.

Fast-forward a bit and this is where we are today: I gave up on the regular FedEx customer support, as I was getting a clear run-around with default, cookie-cutter answers. I did not file a claim because a) I would only be entitled to $500 and most importantly, b) WHEN YOU FILE A CLAIM, THEY STOP LOOKING. Since around December 27th, I have been in touch with a gentleman in FedEx legal department, Mr. Efkeman, who has done a bit of extra work to try to locate the package. Last week, I was even offered $1000 instead of the $500 to go away and not sue. Naturally, I declined.

So - here's what prompted this update: Yesterday, while speaking with Mr. Efkeman, I was informed that all measures were exhausted, the package is STILL missing (all places where it could have been were searched several times), and naturally, THEFT is the only explanation. It had to have occurred either IN, or EN-ROUTE to the Memphis FedEx HUB. When I informed Mr. Efkeman that I must, at this point, consult with my attorney to see what sort of resolution makes sense, I was told that 'FEDEX HAS VERY GOOD LAWYERS', in other words - 'Good Luck'.

In summary, I will be pursuing full legal action against FedEx, as a representative of their company has mislead us, which caused a loss. Here is the watch which was stolen:

Rolex GMT MASTER II Ceramic 116710, serial number V016981, pictured below

[newmedia]

I been in retail business and whole sale business since I started working for living.

#1 lost comes from employees and most of the times it comes from people who you trusted who does most damage.

Good luck going after FEDEX , Did you dropped it off at KINKO'S?

[valentine]

go get 'em dude! dont you just WISH you could kick people in the nuts over the phone, sometimes????

[Rolesor]

Mosco that is terrible situation you're in! I got angry, frustrated and upset just reading it.

Best of luck in your suit - if you need any "character" testimonies on your behalf I know all of us here can/would write up a page or two for you. I doubt that would be needed unless they try to turn it around on you somehow..

Please keep us posted!

[Safetrends]

Thanks for the update Greg, I am hopeful this will resolve soon, by means of someone trying to pawn it and it being found that way.

[Sweramic]

Good luck Greg! I hope it turns out in your favor!

[ersnyder]

Sorry to hear about the loss Greg, please keep us posted how things progress with the legal dept. at FedEx.

We ship a lot via FedEx and UPS and the "declared value" of the shipment is key to recovering sums in excess of standard coverage as a result of loss or damage. I would think your best bet at recovery would be making your case that the Kinko's employee KNEW the value of your item exceeded standard insurance and had a responsibility to recommend, or at least suggest, declaring the value of $5K or whatever it was.

I hope it works out for you without having to line the atty's pockets!

[Dan Pierce]

Hope you get full satisfaction, Greg.
dP

[FlyingMoose]

FedEx is a mess. In my experience, they have a much higher loss rate than UPS. UPS is more rough on the packages, but if they're packed correctly it's not a problem.

[diversified]

I sure as hell don't envy you in your position Greg. Best to you in what ever you decide to do!

[B Square]

Go get um big guy We're all pulling for you
Boyd

[kcmo]

Greg, what a major headache. I REALLY hope you're able to make headway in getting the full value of the watch back. Please keep us posted....best of luck.

[sakuraba]

Originally Posted by Rolesor

Mosco that is terrible situation you're in! I got angry, frustrated and upset just reading it.

Me too! Hope you get this sorted out in your favor, Greg.

[InVision]

Thanks for the update. Totally bad situation.

I was going to ship a watch I just sold by FedEx. It was my wife who went to ship it because I am out of town and read all that fine print and decided to go with USPS registered mail. There are lessons to be learned. And TRF is a great resource!!

All Buyers & Sellers should use USPS just in case. Another thing I never cancel my Jewelry rider watch coverage until buyer accepts and confirms property is delivered.

Good luck we all have our fingers crossed for you!

Mike

[ParisDakarBmw]

I wish you good luck!

[JBat]

What's unbelievable to me is FedEx is a huge company that pulls in millions of dollars every month, if not every day. And they stiff someone on a $6K claim that was clearly their fault? That's crappy business at the least, and unethical business practice at the worst.

Sorry to hear about this, Greg. I hope you are able to get some measure of satisfaction.

[Sweramic]

Originally Posted by Mosco

Furthermore, upon inquiring and being told that there is a $5000+ watch in the package, he didn't bat an eye and accepted our parcel.

Do you know the employee's name? Or do you have anyone who can prove that you said it was a >$5000 watch?

[Smokeytreats]

Sometimes horrible things happen to really good people. I hope it all works out for you Greg...keep us updated as you never know who is on here that may be able to help.

[smallcandle]

Man, this just makes my blood boil! Keep after them, Greg, and let us know if we can do anything!

[CPTL]

Originally Posted by ersnyder

Sorry to hear about the loss Greg, please keep us posted how things progress with the legal dept. at FedEx.

We ship a lot via FedEx and UPS and the "declared value" of the shipment is key to recovering sums in excess of standard coverage as a result of loss or damage. I would think your best bet at recovery would be making your case that the Kinko's employee KNEW the value of your item exceeded standard insurance and had a responsibility to recommend, or at least suggest, declaring the value of $5K or whatever it was.

I hope it works out for you without having to line the atty's pockets!

Either this, or proving that the Agent repudiated the boilerplate terms by his words/actions at the point of transfer. In other words, you said "I want to send this Rolex watch fully insured at a value of $6K..." and he said "Sure...price will be $____." If such a representation was made, then the boilerplate terms in fine print on the back of the shipper's declaration could be overridden by the Agent's representations.

I hope this works out for you. And you didn't make any nasty comments about lawyers on that other thread....

[joeychitwood]

What's frustrating in these cases is that with about ten minutes of work, FedEx could investigate and uncover every person who touched the package before it vanished. Finding the thief is not hard, but FedEx is not responsible enough to make the effort.

[CPTL]

Originally Posted by joeychitwood

What's frustrating in these cases is that with about ten minutes of work, FedEx could investigate and uncover every person who touched the package before it vanished. Finding the thief is not hard, but FedEx is not responsible enough to make the effort.

Probably not in their interests to find out who took it. I don't think they can contract out of liability for the criminal acts of their employees.

[Skullring]

Good luck Greg. I hope everyone takes this as a lesson. Fedex could easily do the right thing in this situation. It goes to show the fine print is more important to them than their customers.

[Mosco]

Thanks everyone - I appreciate all the kind words!

It was indeed, dropped off at Kinko's, which is evidently another 'loophole', as I was told "their employees aren't direct employees of FedEx."

[sea-dweller]

Good luck getting this resolved. A sad sign of the times, they lie to accept your order/business, but will not honor their commitments.

[esm]

sad news but we all need to understand that every businesses out there are there for a reason - making a profit.
sure there is a fine print and duty of care from the employees, but at the end of the day, every company has a procedure to follow. Im sure they wanted both customer satisifation and profit at the end of the day.

i think it is a valuable lesson for all to learn.

good luck in dealing with their legal team. Hope you get a satisifactory result soon.

[ersnyder]

Originally Posted by CPTL

Probably not in their interests to find out who took it. I don't think they can contract out of liability for the criminal acts of their employees.

Quite possibly no one STOLE the watch. It could be sitting in the corner of a distribution center with no one paying very much attention to it because it was not listed as High Value.

FedEx, UPS etc. handle a HUGE volume of parcels and declaring High Value and the amount of that value helps them keep track of those parcels. The fact no one will leave their desk or coffee to go out and physically check to find the parcel is very frustrating!

[Defiancekofb]

Greg that's really messed up does the tracker look like this?

[InVision]

You know that they will want you to prove that it really was a watch you shipped. Once on a Macbook I was shipping which they insured for $2000 I showed them the item then finished taping it and recorded the employees name and number. All because a friend told me he had shipped notebook computer once and the package arrived but no notebook inside. Their legal team said that he had just shipped the empty box and the burden was on him to show it contained a notebook. Can't remember exactly the out come but I think there was a weight difference that finally made the claim valid.


Mike

[neillfrith]

It would not surprise me if as soon as you told the person who processed your package the contents and the value it was marked for theft and he fed you a load of bollocks about being covered if you can prove what's in it. I bet they watch those packages which have a declared value on them like hawks. Proving that would be nigh on impossible!

I'm truly gutted for you and hope you find some sort of resolution against those thieving bastards