Tamron lens stolen after repair service: legal advice

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mattador
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p.1 #1 · Tamron lens stolen after repair service: legal advice

*I wasn't sure where to post this as it's more of a legal question but hopefully someone has some ideas for me...*

I sent in a lens to Tamron to have the focus re-calibrated so I could sell it. (Older 17-50 2.8 I paid about $500 for)

Everything went fine until the package was stolen from my front porch. (Fed-Ex confirmed the delivery time and location, but it wasn't there when I got home)

Tamron was too cheap to pay the extra $2 for Signature Required from Fed-Ex and is claiming they have no responsibility because Fed-Ex did the delivery.

Fed-Ex did everything they were supposed to. They left the package at the door without knowing it contained a $500 lens in it because Tamron didn't mark the value.

Tamron claims if they used Signature Required for all the packages they sent, everything would get returned because people are never home to accept packages. (even though Fed-Ex tries three times and gives you the option to pick it up from their transfer station)

Here's my question for you all:
Has anyone here had to deal with this before? I'm pretty frustrated with Tamron. They even called me to try to sell me a refurbished replacement lens "as a courtesy" because they felt bad.

Do I have legal options? I've gone round and round with Tamron several times and they won't budge. Any ideas?

Nov 07, 2012 at 09:39 PM

BenV
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p.1 #2 · Tamron lens stolen after repair service: legal advice

Man thats a rough situation. You could possibly have a lawyer draft a letter and send it to Tamron, maybe that will help them budge. I would stick to my guns and say it was their fault expensive camera gear was left on the porch. Every time I've ordered gear or sent something in to repair (canon and nikon) it came back with signature required.

Its definitely a sticky situation. Getting legal matters involved might just turn into a headache with no reward. However, if it was me personally, I'd just get the drafted letter and see what happens from there. Of course nobody wants responsibility.

Nov 07, 2012 at 09:49 PM

mattador
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p.1 #3 · Tamron lens stolen after repair service: legal advice

Yea, it has definitely ruined my trust in Tamron.

Just an FYI to anyone who reads this. If you send a lens to Tamron for repair, demand that they return it signature required because they don't do that by default.

Nov 07, 2012 at 10:07 PM

Bearmann
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p.1 #4 · Tamron lens stolen after repair service: legal advice

IMO, which is not legal advice, Tamron took the risk that a signature was unnecessary. It usually works out. This time it didn't. Tamron owes you a new lens or compensation. It's not as if you were given a choice of delivery options and chose to forgo the signature. I assume that for the rare lens that doesn't get delivered, the lower shipping costs of all their deliveries covers it and then some. It's a business decision that they made. The lens wasn't returned to YOU. They need to own up to it. It's very similar to the poor packaging that Amazon sends lenses out with. They know the the savings in packaging overall will pay for the occasionally damaged lens.

Edited on Nov 08, 2012 at 09:01 PM · View previous versions

Nov 08, 2012 at 05:52 PM

MikeW
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p.1 #5 · Tamron lens stolen after repair service: legal advice

I would assume so long as they didn't give you an option of shipping methods then they should be held responsible. I am sure if you google 'fedex mail stolen from front door" you'll find cases of this happening & get an idea of what the result was.

Nov 08, 2012 at 08:00 PM

Michael H
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p.1 #6 · Tamron lens stolen after repair service: legal advice

They are completely and totally responsible here. Offer them one more chance, then get a lawyer if they don't comply. Be sure they understand that not only will you be expecting a replacement lens but also reimbursement for legal fees if forced to go this way.

Tamron just slipped even further down the food chain for me. What a shame that they take an attitude that implies you are lying. Nothing like respecting the hand that feeds you.

Nov 08, 2012 at 08:02 PM

dgdg
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p.1 #7 · Tamron lens stolen after repair service: legal advice

At $500 you might spend more money fighting it legally than the price of another lens. This is where your insurance policy typically kicks in. In Virginia you can file in small claims court without an lawyer (so long as you did not sign any agreement about where you can file a suit or if arbitration is required) in your hometown and see if they will settle since it would cost them more to show up. Again that will cost you some money and time (which is money). I have everything of value shipped to my office to avoid this situation. Sorry it happened. Did you pay for the repair with a credit card??......

Nov 08, 2012 at 09:04 PM

jcolwell
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p.1 #8 · Tamron lens stolen after repair service: legal advice

dgdg has a good point. OTOH, I'd be very miffed. Here's one that didn't get away...

FedEx return to shipper - risky business! http://www.fredmiranda.com/forum/topic/1093310/0#10458835

Nov 08, 2012 at 09:55 PM

GCasey
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p.1 #9 · Tamron lens stolen after repair service: legal advice

Check with your homeowner's insurance? it might not help, though, if you have a 'deductible' that is about the same value of the lens.

Nov 08, 2012 at 10:02 PM

Michael H
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p.1 #10 · Tamron lens stolen after repair service: legal advice

I'd strongly suggest staying away from a homeowners policy for something like this. Rates have a tendency to climb with any sort of claim and it seems hardly worth it for $500. Heck, I've heard stories about rates being impacted by simple inquiries.

File it with small claims court. You can also recovery all associated fees with small claims court, and in some cases, damages. (like expense for time off work, etc.)

They blew it here, not you. They have full responsibility to return the product you sent them. Their sentiment about people never getting items if shipped signature required is just lunacy.

Nov 09, 2012 at 01:04 AM

dgdg
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p.1 #11 · Tamron lens stolen after repair service: legal advice

Michael H wrote:
File it with small claims court. You can also recovery all associated fees with small claims court, and in some cases, damages. (like expense for time off work, etc.)
.

If you have a strong case and if they know it, they would likely offer to settle and not go all the way to trial. Likely they would offer you a replacement lens or a check for the current value of a refurb. This means no recovery of extra fees or damages. At that point, you'd accept the offer and cancel your suit, promising not to sue over the issue ever again.

Michael H wrote:
I'd strongly suggest staying away from a homeowners policy for something like this. Rates have a tendency to climb with any sort of claim and it seems hardly worth it for $500. Heck, I've heard stories about rates being impacted by simple inquiries.

Sure, for relatively low value items, you have to decide how much it is worth to you to go to court or call your insurance agent (even without any deductible), etc. Only you will be able to decide this.

Also, if this is a theft you will need to call the police and report it. I doubt you would have a strong case in court if you never bothered to call the police about a burglary.

Nov 09, 2012 at 02:09 AM

Dennis M 1064
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p.1 #12 · Tamron lens stolen after repair service: legal advice

I believe that it would be trespassing and theft, not burglary. I would not have called the Police either. They would just right a report that you claim that something was taken, but there would be no evidence of a crime. You could have it in your closet. No B&E, or anything.

I agree with the letter from an attorney, or file in small claims court. It usually doesn't cost more than about a $100 to file in court, and I believe you can collect fees. They may want to settle, and I would make my fees and time part of the settlement. If they don't show up to court, you will get a judgement. The court isn't your collections service, but you would at least have a court order.

When the sender "chooses" not to insure a package, or get a receipt of delivery, then the responsibility for the loss is their burden. It makes absolutely no sense that you would have to just suck it up and say, "Oh well".

Good luck, and keep us posted.

Dennis

Nov 09, 2012 at 03:15 PM

Ho1972
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p.1 #13 · Tamron lens stolen after repair service: legal advice

mattador wrote:
Tamron claims if they used Signature Required for all the packages they sent, everything would get returned because people are never home to accept packages.

This is pure and utter crap. B&H requires a sig on shipments over a certain dollar amount and I doubt they are flooded with returns. Further, anyone who is expecting a high dollar item in the mail is probably looking forward to receiving it and might even take off work a little early or make other arrangements to make sure the parcel ends up in their hands ASAP.

Nov 09, 2012 at 06:50 PM

edl415
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p.1 #14 · Tamron lens stolen after repair service: legal advice

Bearmann wrote:
IMO, which is not legal advice, Tamron took the risk that a signature was unnecessary. It usually works out. This time it didn't. Tamron owes you a new lens or compensation. It's not as if you were given a choice of delivery options and chose to forgo the signature. I assume that for the rare lens that doesn't get delivered, the lower shipping costs of all their deliveries covers it and then some. It's a business decision that they made. The lens wasn't returned to YOU. They need to own up to it. It's very similar to the poor packaging that Amazon sends lenses out with. They know the the savings in packaging overall will pay for the occasionally damaged lens.

+1

It doesn't matter if the lens was lost in transit or stolen off your doorstep. Tamron has zero proof that it was delivered to your doorstep - do they have a signature, a photograph, or GPS tracking evidence? No. Their choice to forego declared value or a signature is their own business risk. I believe they owe you either a similar item, or appropriate monetary compensation.

Dennis M 1064 wrote:
...
When the sender "chooses" not to insure a package, or get a receipt of delivery, then the responsibility for the loss is their burden. It makes absolutely no sense that you would have to just suck it up and say, "Oh well".

Dennis

+1

That's why I insure every package I send out for the full amount, even if the seller does not request it. The shipper chooses the shipment method and takes the corresponding risk - until it is confirmed recieved by the consignee, any losses that occur are the shipper's liability.

Nov 09, 2012 at 06:55 PM

runamuck
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p.1 #15 · Tamron lens stolen after repair service: legal advice

Look into a security system for your home. Somebody now knows you do photography. They may or may not act on this info. They may inform someone else of this fact.

Nov 10, 2012 at 09:57 PM

Sarsfield
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p.1 #16 · Tamron lens stolen after repair service: legal advice

I lived in an apartment complex that had a sophisticated ring of thieves that picked off ANY packages left at the doorsteps. I believe it was the maintenance staff who felt that each apartment was their piggy bank from which to pilfer whenever they felt the urge. I had several packages, prescription drugs and my strong box robbed and the local police did squat. That 4 year separation from my wife cost me a fortune.

Nov 11, 2012 at 12:36 AM

e6filmuser
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p.1 #17 · Tamron lens stolen after repair service: legal advice

I would tend to air this in the letter pages of photography magazines. Give Tamron some free publicity.

Harold

Nov 11, 2012 at 11:55 AM

andyz
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p.1 #18 · Tamron lens stolen after repair service: legal advice

When it is signature required the delivery in a residence is often late in the day. I routinely get UPS at 5:30 to 6 pm. Also, there are times a neighbor can sign for it.

Playing devils advocate, I can see Tamron saying it was delivered, per Fed Ex. Not their fault you live in a bad area. Has this happened in your area before? If yes, why didn't you have it delivered elsewhere?

It's a bummer for sure I am interested in how this comes out.

Nov 12, 2012 at 03:51 AM

firstgear99
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p.1 #19 · Tamron lens stolen after repair service: legal advice

While I didn't have this same issue, I did have an issue with a large multi-national company that they advertised at a retail value, when I got it and went through everything the value differed by $400-500.

When confronted they tried to give me the run around. After a few days I told them I was taking them to small claims court and they could explain their crazy logic to a judge. They went silent for a few days and came back that their legal counsel told them to fix it with me. They did and also told me they would never sell to me again. That was ok with me as a was buying a"lot" size from them and breaking it into smaller lots for resale.

Bottom line, companies can't afford to hire a lawyer for this kind of money and they will pay up, especially if they are wrong or it is marginal. Small claims courts the right path.

By the way, you can buy an IPad from Apple without signing for it. They give you the option to sign a waiver for delivery and post that on your front door. Then the problem is all yours. Seems to me that they could have done that..

Nov 13, 2012 at 05:37 PM

jefferies1
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p.1 #20 · Tamron lens stolen after repair service: legal advice

I did not read all the responses but make sure that you do not have a signature release on file with FedEx. If you do from previous package deliveries then you signed for it according to the document.
How a place send high end equipment without any insurance is beyond me. FerdEx is only $100.00 unless you purchase coverage. They must have a blanket policy to cover all shipments. I had one at one time when sending high value packages.

Nov 13, 2012 at 08:38 PM

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