Once the wine arrived in Canada I received a phone call from Lynn Grant from UPS to send them copies of the receipts for the purchase and shipping charges. I was told that there were several steps before the wine could be released and that it would take approximately 30-40 days. I was told that they had to send the information on to the LCBO who would then determine a Canadian cost for the wine + taxes and then the shipment would go through customs and that they would assign customs fees. After that was done UPS would charge a brokerage fee and after all of the fees were paid that the shipment would be released and delivered by Fed Ex. for which there would be no charge.

It is now May 14. After having paid all of the fees requested by UPS I believed that my shipment would be released and that we would finally get the wine. However I received an ‘emergency’ email from Lyn Grant asking me to call her. I was told that I would have to pay an additional 300.00 on top of the 561. 00 for 12 bottles and another 194.00 for the other 6 bottles which I had already paid to UPS. Having paid almost 800.00 is fees I expected that my wine shipment would be delivered.
Unfortunately this was not the case. As you can see from the attachments above I received an email from UPS asking me to contact them. I was told on the phone that Fed Ex wanted to now charge storage fees. According to Ms. Grant from UPS this has never happened in the past. She explained that they had an ‘ understanding’ with Fed Ex, that Fed Ex understood that the process to get wine through customs could take up to 40 days and that they had never been charged before. However, according to Ms. Grant, Fed Ex now wanted and additional 300.00 in storage fees and that my shipment would not be released by Fed Ex unless I paid the fees.

I could not believe this. I asked for the number for Fed EX. I called Fed Ex ( 613) 738-4501 and spoke to Roger. Roger explained that UPS was being dishonest. He said that Fed Ex always charged for storage. He said that they were told by UPS not to deliver the shipment as UPS did not want to pay the additional fee. He put me through to his manager Jason. Jason gave me the same information. He said that they always charged UPS storage fees for anything over 3 days. He explained that UPS didn’t always pay the fees. He said that they were willing to deliver the shipment but that UPS would not allow it because they would have to pay the storage fees. He explained that there was absolutely no reason why it should take 40 days to clear customs.

I called and spoke to Lynn Grant from UPS (613) 737-5935. She was very aggressive on the phone. I asked her to send me this new explanation in writing and that I would discuss this with my husband. She maintained that Fed EX was being honest. She maintains that UPS has never had to pay storage fees before. She explained that if they wanted UPS to pay storage fees then they should have filled them from the start and that they should have received a bill from Fed Ex. She maintains that they never got a bill from Fed EX. She explained that it was Fed Ex who would not deliver the shipment as they now wanted more money. Ms. Grant told me that she didn’t like being seen as a liar. That she would speak to her superiors and that they would sort this out. It should be noted that she did not send me this information in writing, and that she got back to me.

As you can imagine I was very upset by this turn of events. I told her that I had paid all of the extra fees her company working as the brokerage company had requested. I felt that I had met my end of the obligation and because of this that they should ask Fed Ex to release my shipment and that this new battle is between Fed Ex and UPS. She said it was Fed Ex who would not release the shipment, Fed EX said it was UPS.

For some reason Fed Ex delivered 6 bottles. I did not have to pay the storage fees. I thought that Ms. Grant at UPS had sorted out this problem. I was wrong. I received a note from Mr. Wagi from UPS today telling me that I had to pay a Fed Ex bill or Fed EX would not deliver the other 12 bottles of wine. It seems Ms. Grant is on holidays and Mr. Waji had taken over the file. I did not hear back from Ms. Grant. I have no idea if they tried to resolve this issue with Fed Ex or as the manager from Fed Ex explained-they were simply trying to download 1 of their costs onto the client. (Because of a delay (Ups did not process the 12 bottles at the same time) the other 12 were not delivered at the same time.) As you can see from the attached, that UPS is now telling me that I have to pay the storage fees on the 12 bottles or Fed Ex will not deliver.

I feel that I had an agreement with UPS. I paid in full the amounts I was told it would cost to have the shipments released and delivered to my home. I don’t believe that I should now have to pay additional charges because UPS made a mistake or is simply lying to me. I don’t believe I should be caught in the middle of this new battle between UPS and FED EX.

Please help me. I am getting totally different stories from both companies and UPS is refusing to allow Fed EX to deliver my shipment.

Jean McManus

I’m fighting for my rights to get what I was told I would get from the famous Apple store. Can you suggest my further actions?

About a month ago we went to a local store and were told that Refurbished Macs are available for a cheaper price and will have all benefits new machines have….and they were right, it was cheaper and had what new Macs had – yellow tinge.

So, a week later first machine arrived. I picked it up from FedEx and brought it home. There was several stuck pixels and the yellow tinge. I grabbed the box and rushed to a local store where I was asked to contact Apple customer support, since this unit was purchased online. I spend 1.5 hour on the phone explaining my problem and was told that there were LCD anomalies, which were normal for this kind of displays. The store was closing and I had to call Customer Support the next day and spent another hour before they agreed to replace my iMac.

So we packed everything, and I brought it to UPS.

In a few days new machine arrived (picked up 12 kg box from FedEx) and it had yellow spots on the bottom of the screen. I phoned Apple again and they agreed to replaced it once again. We packed it and shipped through UPS.

Few days later the 3rd machine arrived – was picked up from FedEx and again, the display had the same problem as the previous one.

I phoned Apple again, spend another hour on the phone and a customer relation agent was assigned to me with known phone extension, etc.

She suggested me to go with a LCD panel replacement. I was concerned that new machine with replaced screen sounded suspicious, but was assured that since it was my third computer, refund would be provided if there were problems. OK! We ordered the part and in a few days my local store representative called and asked to bring iMac for a repair.

Few days later they called and asked me to pick it up. That’s what I did, and guess what??? The tinge is still there – now its covering 1/5 of the screen on the left. OK! I phoned Apple Agent, who has been working with me and she asked me to send a picture. One hour later she called me and told that she spoke with engineers and they said that this yellow tinge is within the specs and the known issues with yellow screens are about the whole screen being yellow, not a part of it. WHAT!? Supervisor on the phone. He is saying the same thing, that technical department looked at my pictures and are positive that this is within specs and he maybe, may be able to schedule me for another screen replacement. I said: I want a refund, I want my money back – he says: I can’t give you that. – Why? – Because it’s been repaired already. – But, I specifically asked if that could be a problem in a future, if I would want a refund. – Well, I don’t know much about it, what I can do is look at your situation and call you back this afternoon or evening…

That was 20 hours ago. (3PM EST, Mar22,2010)

P.S.

On the website, all iMacs presented do not have any yellow spot. It doesn’t say anywhere that products may be different from what you see. Product should comply with a certificate issued under their company act and I really don’t think, that it says that yellow pee-spots may present.

Enclosed please find an Important public notice to forward to your members, which are reknown (Graphic Designer) to be consumers of Epson Inkjet Cartridge products. Your members are may benefit from the present nationwide class action settlement.

NOTICE:

PRESS RELEASE
(For an immediate release)

Notice of Settlement of Class Actions against Epson Canada Ltd
(In the case of Inkjet Cartridges)

On March 3rd 2009, the law firms, BGA Barristers & Solicitors LLP and Woods LLP have finalised the settlement of 2 Class Actions against Epson Canada Ltd (“Epson”). These law suits were filed in, on behalf of petionners Julien Grégoire (court file 200-06-000058-050) in the Superior Court of Québec, District of Québec and Craig Jeffrey (court file 06-00-034170) in the Superior Court of Ontario, District of Ottawa.

This settlement, which has been reached without any admission of liability by Epson Canada, is made on behalf of all Canadian consumers of Epson Inkjet cartridges for Qualifying printers, excluding all residents of the provinces of British-Columbia and Manitoba.

This settlement has been approved on February 4th, 2009 by the Quebec Superior Court (Honourable Yves Alain S.C.J) and by the Ontario Superior Court of Justice on March 3rd 2009 (Honourable Robert Smith S.C.J).

The settlement provides that all individual members of the class may receive one of the following benefits for each Epson Inkjet printer specifically identified in the settlement, and purchased between November 1, 2002 and September 1, 2006:

· a $45 credit in the form of an E-Store code, which would be valid for twelve months,

· the sum of $20, payable by cheque, and a $20 credit in the form of an E-Store code, or

· a one-time 25% E-Store discount to a maximum value of $100.

To obtain additional information pertaining the Settlement, to obtain the list of Qualifying Printers, or to obtain and/or fulfill a claim form, all consumers can contact the “ Administrator of all claim” Rust Consulting inc. by email at epsonclassaction@rustconsulting.com or by regular mail at:

Rust Consulting, inc.
Administrator of claims
« EPSON Canada Class action»
625 Marquette Avenue, Suite 880,
Minneapolis, MN 55402, USA,

Consumers may also consult the web site http://www.epsonsettlement.ca to obtain any additional information, and to complete an “online claim form” to register your claim

In all cases, all claim forms shall have been sent to attention of the administrator of the claim, at the latest on June 4th 2009

Class counsel
BGA BARRISTERS & SOLICITORS LLP
Benoît Gamache, Esq
Toll free: 1-877-90-7446
Fax: 1-866-616-0120
legal@bga-law.com