John, this isn't entirely correct. Claim responsibility is dependent upon were the title to the goods transfers. For example, if the title of the goods transfers at the seller's location (F.O.B. Shipping Point or Origin) that means the buyer owns the product during shipment. In such a case, the buyer needs to take up any damage claims with the freight company. If the title of the goods transfers at the buyer's location (F.O.B. Destination), yes, John, the seller will need to take up the damage claim. This is important because, with F.O.B. Destination the seller has a covenant with his customer to deliver the goods, regardless of the damage in transit. In such a case, and in advance of a final disposition with the freight carrier, the buyer may have the right to request a refund for the sold goods (especially if they are a total loss and not replaceable); or request the seller to arrange for repair and/or replacement of the goods sold. NOTE: All of these details need to be worked out and acknowledged by BOTH parties PRIOR to sale.You have no claim at all with UPS. Whoever shipped to you - manufacturer, dealer, regular Joe - owes you every penny of your money back or an identical instrument delivered in good working order. The shipper has to make a claim with UPS, get the package back and decide whether it's worth it to take on the task of pursuing a claim (it's often not).
You shouldn't have to do anything except have the item and it's packaging ready for UPS to pick up. It's the shippers problem 100 percent.
With either choice, I don't think I'd like to have a shipment handled by UPS.
Gary, best of luck with your dealings in this situation. You have my sympathy.
Keep on pickin'!
Glenn