"***The responsibility of pursuing a Damage Claim is solely with the seller,***
however, you will need to cooperate with the with the seller and the shipping company in any manner requestsed. Often, the shipping company will come back to pick it up, or inspect the package in your home."
Correct. But you should have never accepted the package in the first place. If you see damage on the box, never accept it until you open it. Yes, I know, UPS isn't supposed to do that. But UPS does a lot of things they're not supposed to do. Sometimes the driver is nice and wants to help out, or he may just be too lazy to drag a heavy power amp or speakers back to the truck. But if you show them where there may be legitimate damage, they always let me open the box. If they don't open the box don't take it. Next time use Fedex Ground. They suck too, but every legitimate claim I ever had, they paid.
"At this point the shipper will have my original payment plus the damaged unit, which might be repairable. Can a UPS claim be appealed? Can a UPS Store be sued in small claims?"
Yes, and you can most likely get your money back. Most people will tell you that its not worth it, for what ever reason they come up with. But, in fact, there's a lot of information about small claims court that the average person just doesn't know. They just assume its like a regular court and base their opinions on something they don't really know about. I would consider filing a claim with both UPS and the seller. Maybe just to UPS first and see if you can get them to write you a check just because they see you're serious. But before you do anything, you need to read one (or both) of these books.
Everybody's Guide to Small Claims Court (Everybody's Guide to Small Claims Court. National Edition) Paperback March 31, 2014
How to Win Your Case In Small Claims Court Without a Lawyer Paperback January, 2009
Follow the steps that these books lay out and you should be able to get a 100% refund plus all court costs. Given that UPS is a national company and knows they will probably loose the case, I would be stunned if you actually had to go to trial. But don't take anyone's word for it, just read the book.
however, you will need to cooperate with the with the seller and the shipping company in any manner requestsed. Often, the shipping company will come back to pick it up, or inspect the package in your home."
Correct. But you should have never accepted the package in the first place. If you see damage on the box, never accept it until you open it. Yes, I know, UPS isn't supposed to do that. But UPS does a lot of things they're not supposed to do. Sometimes the driver is nice and wants to help out, or he may just be too lazy to drag a heavy power amp or speakers back to the truck. But if you show them where there may be legitimate damage, they always let me open the box. If they don't open the box don't take it. Next time use Fedex Ground. They suck too, but every legitimate claim I ever had, they paid.
"At this point the shipper will have my original payment plus the damaged unit, which might be repairable. Can a UPS claim be appealed? Can a UPS Store be sued in small claims?"
Yes, and you can most likely get your money back. Most people will tell you that its not worth it, for what ever reason they come up with. But, in fact, there's a lot of information about small claims court that the average person just doesn't know. They just assume its like a regular court and base their opinions on something they don't really know about. I would consider filing a claim with both UPS and the seller. Maybe just to UPS first and see if you can get them to write you a check just because they see you're serious. But before you do anything, you need to read one (or both) of these books.
Everybody's Guide to Small Claims Court (Everybody's Guide to Small Claims Court. National Edition) Paperback March 31, 2014
How to Win Your Case In Small Claims Court Without a Lawyer Paperback January, 2009
Follow the steps that these books lay out and you should be able to get a 100% refund plus all court costs. Given that UPS is a national company and knows they will probably loose the case, I would be stunned if you actually had to go to trial. But don't take anyone's word for it, just read the book.