I am really surpised that FedEx didn't make you sign for them. When I buy a $600 coin from the us mint, they make me sign for all packages... and like to think I live in a safe area... also, I get daily fedex packages sent to my house and the fedex driver knows me... and he still won't leave the package. I am actually glad they follow the rules....only once did they leave a package they weren't suposed to. I would guess that is something that Heritage would have had to chose as a shipping option.
NEVER contact pawn shops. If you do you lose all chance of recovery (once they know it is stolen they will refuse the merchandise and tip off the thieves).
Richard, I would contact the FEDEX customer service MANAGER for your area. Ask him or her for your signature conformation form. The form should have the date of the delivery and the time it was delivered and it should also have your signature. If there's no signature on the form there's the proof that you never received the shipment. I would then contact the customer service manager for Heritage and FAX or mail the form to him or her. The customer service managers have more authority and contacts than a regular employee or supervisor. At least they do in the USPS. Lou
Since there was no signature done I feel that it is both FedEx and Heritage's responsibility to make the situation right. Clearly you didn't get the coins. I would sue the heck out of Heritage and FedEx if I have 13 Grand on the table and didn't get my goods.
This is a case of U against Heritage and Fed Ex Joint. Then let Heritage deal with Fed Ex on their own for a secondary settlement. They're both deep pockets. But since your original agreement was with Heritage, this is where your attention belongs. They must (by contractual agreement) honor their commitment to deliver what they sold. They have no proof of delivery and based on your statements, they did not deliver by signature to you. After contacting 1) heritage 2) fed ex 3) police 4) your attorney. uh . . . actually I think you better tell wifey first.
He has no case against FedEx. Heritage has a contract with FedEx and thus a case against FedEx. His only contract is with Heritage.
I don't care if your a first time buyer or a CEO of the company. Presidence to a claim is what it is. They are a licensed autioneer. They will perform vs. possible losing their standing as a licensed auctioneer? not for $13K. If an attorney gets ahold of it, first they research. Is this the first time this has happened? How many other times? Was an option to obtain more insurance offered or available? Usually they just pass on the shipping costs to the customer. It's not like they're locked into a shipping cost so they try and get the cheapest rate. Another claim you will certainly face is: "Did you actually get the coins but said you didn't?" They make the claim, what's your position? Ready for an internal investigation? They could litigate this forever at your expense. But is it worth it to Heritage? Lots to consider with filing a claim. Keep us posted.
He made NO contact (let alone a contract) with FedEx. Go look at some earlier posts about USPS insurance. It has zero protection for the buyer. It only protects the seller (Heritage).
I hate to disagree with you, but any time a contract is sub-contracted to another, all subs (or parties to an original contract) have an obligation to the Originator of the contract by extension. The reasons for this is because if the contracted party goes belly up, the extension by involved liability assumes liability to their actions to you (the originator of the contract) and no longer (or in addition) to the contracted party.