Hey Todd, I'm really sorry about what happened to you (bad things always happen to the most honest people, and you also made a great contribution to the audio world by working with Pete to produce the Pinnacle).
The more I think about this, I think UPS has responsibility here.
If I ship something to a particular address, ESPECIALLY AN ITEM INSURED FOR $10,000, and the shipping company's quality control is sloppy enough to allow the item to be fraudulently diverted to the wrong recipient who has nothing
to do with that address, they and/or the insurance company is liable.
Sure, they could say the recipient at the intended address my have not expected the item, but that is between you and the party at that address, and it's none of UPS's business what happens after the correct delivery is made.
There is the reasonable possibility that the person at that address would work something out with you to return the item.
I mean, let's say I sent an expensive gift to someone and they were not expecting it and UPS misdelivered it to the wrong party and it was lost.
UPS couldn't complain that the intended recipient wasn't expecting it and therefore they (UPS) is not responsible. Again, it's none of their business.
If they (UPS) was defrauded, they can't rightfully tell you to suffer for it and walk away.
UPS dropped the ball, and the insurance should be paid to you for a mishandled shipment, plain and simple. The dispute then is between UPS and its insurer.
I would sue UPS if they don't honor the claim, and sue for the claim amount AND your legal fees AND your time.
You paid UPS to deliver that package to that address and they failed to do this, and you bought insurance to make sure this happened.
And this wasn't some Act of God like a storm or accident or war that UPS could not reasonably foresee. Their internal anti-fraud measures proved inadequate.
UPS should have, for a shipment like this, made a copy of the person's photo ID who diverted the shipment and signed for it and made sure the picture matched the appearance of the person picking it up.
The act of diverting an expensive insured shipment should trigger alarm and there should be extra procedures to protect against fraud.
They should be able to show you this copy of the person's photo ID for a police report for grand theft and identity theft. If UPS didn't do this, I think that would constitute negligence.
For something of this value, they should also take a photo of the person to make sure there is no doubt.
If they had such a photo, the police could call upon the person who said they never ordered it and compare him to this photo for evidence.
And chances are, if the original person who denied ordering it was the one committing the fraud by denying he ordered it, he would probably balk at having his photo taken
thus avoiding going through with any theft.
By the way, I bought several items from Todd and I recommend him highly. He worked with me after the sale on enhancements and usage and is always available for advice, and his advice and assistance has been quite valuable.
And, IMHO, the Pinnacle is a BARGAIN, as it is both a preamp that can compete with any megabuck preamp and a headphone amp that is easily the end of the line for dynamic phones to my ears.
Edited by rgs9200m - 10/24/12 at 5:01pm