Quote:
Originally Posted by william
I'm no lawyer, but I've worked the shipping/receiving sides of business. She signed to acknowledge receipt of the package, not the condition of the product inside. The UPS/FedEx/DHL carrier is not going to sit around and wait for the package to be opened and inspected - they don't have time.
Most larger shipments have a notice on the outside of the box to notify as soon as damage is found. (Ideally that would be on receipt.)
A decent company would honestly work w/you to resolve this. You are one dealing w/them. They are one dealing w/many.
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I am a lawyer, but not a specialist in this area of the law, so do _not_ treat my comments as legal advice: if you have further trouble after telling the shipper to stuff it and come pick up the damaged goods, check out a lawyer who handles UCC (uniform commercial code) issues in your state.
Nonetheless, I will say that the initial postings about whether minors can enter into contracts are off the mark. Your daughter did not sign a contract, and unless she was specifically authorized by you to receive shipments on your behalf, and thus was your agent, her signature should have no power to bind you. The supplier/shipping company are out of luck here, unless you specifically contracted to assume the liability for any problems with the shipment (as determined by the UCC, see comment about checking with local lawyer, above).
She just acknowledged receipt of a package, which would only be relevant if the package went missing and they wanted to prove it was received at your house.
Meanwhile, congratulations for living out what would be an excellent bar exam question.