KruZin: I would like to put in my thoughts on this matter. I purchased a pair of jh13 from JHA and felt that they are a responsible company. I really think it will work out for you. But then again I am not in your shoes with $2,000.00 out of the pocket. So I totally understand how you felt and I felt you have handle yourself very well as most of the arguments come from your replies to opposing posts.
Let me give you another perspective to answer some of the issues raised in this thread, one that is done everyday in US courts,
With regard to DJGeorgeT and Goodvibes alternative perspectives that there are other possible explanations for the problem like the postman never deliver the package, or deliver the package to the wrong address, or JHA misplaced them etc. Having been a qualified medical legal expert and testified in State and Federal courts all over the US for over twenty years, I can tell you that those are entertaining thoughts but will never hold up in a court of law. It's like during the OJ Simpson murder trial, one of the argument that was put forward was that it was a drug deal that went bad and Nicole Simpson was killed by the drug dealers. Sure, that is definitely a possibility but in light of any absent of evident, the court cannot consider them. Sure, in your situation, the postman could have kept the package to himself, or it could have been run over by the truck and the package was thrown away, or the postman illegally entered the "delivery confirmation" into the computer or a number of other possible explanations including those mentioned above by DJGeorgeT. If these kind of assumptions are put forward, the opposing counsel will simply make a motion and say "Objection, assuming facts not in the evident", and the judge will say "Sustained" and that will be the end of that discussion. Sure for every problem, there are hundreds of possible scenarios and we cannot entertain everyone of them in a vacuum or without cause. Otherwise we will be hearing ridiculous scenarios like may be you colluded with the post office to defraud JHA or may be DJGeorgeT is paid by JHA to put these posts up etc. Until we have a thread of evident to suggest such scenario is possible, we cannot assume that being the case. Another argument that was put forth is that the USPS (which I am no fan of) has a very poor record of accuracy, some argue 80% some say 90%. Even if these numbers are true they are irrelevant in this situation. Because accuracy of delivery is not proof of no delivery. That's why, for instance, in a case of rape or sexual assault, the past history of the victim is not allow to be bought into evident. In other words, just because a person like to flirt doesn't mean she cannot be rape or sexually assaulted at any given instance. Just because the USPS is only 90% accurate offers no proof that your package wasn't delivered. So for DJGeorgeT to ask you to entertain all these other alternative is not reasonable and groundless as there is no proof that it is the case.
These are the evidents that have been shown here: your postal receipt and two e-mails from JHA and that's all one can go on. You have shown that you have shipped your parcel and USPS have documented that they have make the delivery to the address shown on the receipt. One poster asked but they didn't show where they delivered to. Of course, it is delivered to the address on the receipt. If the issue of accuracy is brought up. It is possible but not likely, may be up to 90% not likely. And the practice on the part of JHA at least according to some that they were just telling the customer a shipping date to get them off their back. I don't know if that is true or not as we don't have evident to suggest that is. But it really doesn't matter whether it is or it is not their customary practice. True or not, by doing so, JHA already assumed responsibility for the parcel. Because once you tell the customer on two occasions that they will be shipped, a reasonable person of average intelligent (that means the jury), and that is all that is required by law, will have to assume that you have the parcel and if you later suggest that you do not have the parcel, JHA is the one that will start loosing credibility if you start changing your story. These are the facts that we know. There is really no need to suggest JHA lied or not. First of all, I don't believe so from my experience with them in the past, and second, we cannot proof it one way or the other as there is no evident that such is the case, and third, it really doesn't matter anyway as described above.
Of course, I am not suggesting that you should sue as it is not a reasonable solution for you to come over to US and hire an attorney. I am merely offering an alternative perspective to think through all the issues involved. This is a business problem, this is a PR problem for JHA, this is a financial problem and a emotional problem for OP. I am pretty sure that it will work out in the end for good for both sides. Because I am pretty sure KruZin will ship differently in the future. I am also pretty sure that JHA will improve their receiving practice and customer service practice. Regardless who is right or wrong, it can have a positive outcome. Even if the package is not found, if JHA makes it right for KruZin, they cannot find better ways to tell their future customers that they care, it is advertising money well spent. Beside there is about $780.00 from insurance to cover part of the loss. To be fair to JHA, they need a chance to solve this problem and you are doing so.
