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  #1  
Old 01-18-2025, 01:08 PM
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8.4. Risk of loss and title for any Archived Item fulfilled or shipped through Fanatics Collect passes to the recipient upon proof of delivery to the recipient's fulfillment address. You are solely responsible for the accuracy of the fulfillment address included in any Release Order. Fanatics Collect is responsible for filing any claims with carriers if Archived Item is lost or damaged in transit. You are responsible for filing any claims with carriers for damaged or lost shipments at any point following proof of delivery to the fulfillment address included in a Release Order. The purchaser of an Archived Item through Marketplace is responsible for filing any claims with carriers for damaged or lost shipments at any point following proof of delivery to the fulfillment address provided to Marketplace at the time of purchase.

So at least technically, the issue is whether that squiggle is proof of delivery. I would argue NFW, and Russ' statement will fully support that. And I doubt Fed Ex can come up with a GPS or anything. But I still think this is probably resolvable between Fanatics and Fed Ex.
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Last edited by Peter_Spaeth; 01-18-2025 at 01:14 PM.
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  #2  
Old 01-18-2025, 01:19 PM
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Interesting. Seems helpful to the OP, as it is in the nature of a destination contract.

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Originally Posted by Peter_Spaeth View Post
8.4. Risk of loss and title for any Archived Item fulfilled or shipped through Fanatics Collect passes to the recipient upon proof of delivery to the recipient's fulfillment address. You are solely responsible for the accuracy of the fulfillment address included in any Release Order. Fanatics Collect is responsible for filing any claims with carriers if Archived Item is lost or damaged in transit. You are responsible for filing any claims with carriers for damaged or lost shipments at any point following proof of delivery to the fulfillment address included in a Release Order. The purchaser of an Archived Item through Marketplace is responsible for filing any claims with carriers for damaged or lost shipments at any point following proof of delivery to the fulfillment address provided to Marketplace at the time of purchase.

So at least technically, the issue is whether that squiggle is proof of delivery. I would argue NFW, and Russ' statement will fully support that. And I doubt Fed Ex can come up with a GPS or anything. But I still think this is probably resolvable between Fanatics and Fed Ex.
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Old 01-18-2025, 01:21 PM
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Originally Posted by nolemmings View Post
Interesting. Seems helpful to the OP, as it is in the nature of a destination contract.
Correct, assuming he can establish the "proof of delivery" is fake. Fanatics is not going to fight this IMO. It may take some time and posturing but they will work it out with Russ, or they and Fed Ex will jointly work it out.
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Last edited by Peter_Spaeth; 01-18-2025 at 01:23 PM.
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Old 01-18-2025, 01:35 PM
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Quote:
Originally Posted by Peter_Spaeth View Post
Correct, assuming he can establish the "proof of delivery" is fake. Fanatics is not going to fight this IMO. It may take some time and posturing but they will work it out with Russ, or they and Fed Ex will jointly work it out.
If not fake at least erroneous. OP says he has a one-man office in an office bldg. I assume he provided Fanatics with any applicable suite number if there are other offices in the building. Otherwise it may be sufficient to deliver to an adult at any suite. If suite was listed and FedEx delivered to wrong office, then it might not be considered a "fake" as much as a sig o/b/o. Doesn't mean there wasn't a screw-up, but would point more to negligence than anything nefarious by Fed Ex.
I agree as to the ultimate resolution, assuming the card is not found.
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Last edited by nolemmings; 01-18-2025 at 01:41 PM.
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  #5  
Old 01-18-2025, 01:38 PM
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Came home a few weeks ago and saw these packages at the door. The larger box contained a Kreindler painting. Signature was to have been required but they let that slide. Good thing it wasn't a rainy day and a good thing the porch pirates were elsewhere. Not that it really mattered but it was upside-down for good measure. Gotta love FedEx.
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  #6  
Old 01-18-2025, 01:52 PM
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At least they followed the instruction not to lay it flat.
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  #7  
Old 01-18-2025, 01:57 PM
Brick442 Brick442 is online now
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I avoid FedEx like the plague. I live in a large town that has a community page on Facebook. A while back there were many discussions about the theory that FedEx drivers in our area ran out of time at the end of the day, marked all undelivered packages in their trucks as delivered, and delivered those packages next day. This caused a lot of confusion and anxiety as customers believed their packages were missing. I believe the drivers did this to hit their metrics. There were many, many documented instances of this on our page.

FedEx apparently caught on because drivers stopped doing this for whatever reason. However, some drivers appear to have found a new method to help their metrics: If they had two deliveries on the same street or nearby, and say it was busy (holiday season, etc), they would seem to deliver both packages to one address and let neighbors 'sort it out' hoping they wouldn't have the time to contact customer service. This has happened to me twice and many times to others on our page as well.

I understand the drivers are under the crunch, as the metrics are becoming unreasonable, but it seems that the customer is suffering. I had a $2000 signed Jordan Baseball left at my neighbors house, thankfully he brought it over.

Last edited by Brick442; 01-18-2025 at 01:58 PM.
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  #8  
Old 01-18-2025, 02:48 PM
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Method of payment? Any help with them?
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  #9  
Old 01-18-2025, 03:09 PM
drmiraculous drmiraculous is offline
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I hope you litigate their b*lls off, they've had it coming for ages! Fedex is the worst.

Last edited by drmiraculous; 01-18-2025 at 03:10 PM. Reason: keep it clean!
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  #10  
Old 01-18-2025, 05:57 PM
russkcpa russkcpa is offline
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Quote:
Originally Posted by Kawika View Post
Came home a few weeks ago and saw these packages at the door. The larger box contained a Kreindler painting. Signature was to have been required but they let that slide. Good thing it wasn't a rainy day and a good thing the porch pirates were elsewhere. Not that it really mattered but it was upside-down for good measure. Gotta love FedEx.
You should go onto the proof of delivery page. At the bottom there SHOULD BE the recipients signature. I wonder what it looks like.
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  #11  
Old 01-20-2025, 06:40 AM
BillyCoxDodgers3B BillyCoxDodgers3B is offline
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Quote:
Originally Posted by Peter_Spaeth View Post
And I doubt Fed Ex can come up with a GPS or anything.
I'm not so sure of that. Now, if FedEx is willing to provide that information is a different matter entirely.

While the situation I'm about to relay was with UPS, I have to imagine that FedEx would be using the same technology:

A couple of years ago, my UPS shipment was misdirected per tracking. I called UPS. Completely unprompted, the lady I spoke with gave me the exact current GPS coordinates. I plugged them into Google. It was the loneliest stretch of Texas back country imaginable. It was on a moving truck at the time. So they have to have the coordinates for exactly where it was actually delivered.
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