Tony Diaz purchased a rare guitar for his son, but when the package never arrived and UPS claimed it was lost, Diaz wasn’t buying it.
UPS actually offered several explanations for why the guitar didn’t arrive, including a claim that it was destroyed in the recent Southern California wildfires, but Diaz was unconvinced.
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"I just had an intuition that the guitar was stolen and that it wasn’t damaged and destroyed," Diaz, who lives in Hayward, California, shared with ABC7 News.
His hunch paid off. After searching online, Diaz spotted the exact guitar for sale on Guitar Center’s website, identified by its unique serial number. Adam Hulsey, who sold the guitar to Diaz, immediately “snatched it up” before Diaz made the roughly seven-hour round trip to Bakersfield to retrieve it.
"It was 3.5 hours to get up there and it was 4 hours to get back," said Diaz. “Was it worth it? Yeah, it was absolutely worth it.”
When this dedicated dad couldn’t get UPS to own up to its mistake, Hulsey and Diaz contacted ABC7’s investigative unit, 7 On Your Side. Reporter Melanie Woodrow reached out to a UPS security supervisor, who claimed the guitar had been stolen but said the company couldn’t reimburse Hulsey for more than the insured value.
After additional conversations, UPS eventually agreed to revisit the case.
‘So many different stories’
Diaz ordered the Dean Dime Slime guitar — a signature model from “Dimebag” Darrell Abbott, former guitar player for the metal band Pantera — from Hulsey, who manages a small shop called Adam’s Guitar Addict in Denison, Texas. Hulsey reportedly shipped three guitars that Diaz had purchased at the same time, but only two arrived.
When Hulsey contacted UPS to track down the missing guitar, he got a series of conflicting stories.
"Burned up in a California wildfire, fell off a truck, fell off a train. So many different stories," said Hulsey.
UPS eventually told Hulsey the package was severely damaged during shipping and was discarded. The shipping company did send Hulsey some compensation, but only based on the declared value at the time of shipping, which wasn’t enough.
After recovering the guitar, which now has a dent and a visible scratch on the back, Diaz and Hulsey filed a police report and contacted UPS again, but the call reportedly didn’t go well.
"UPS was kind of — ‘hey why are you calling with this tracking number, this is already a closed case. The guitar was damaged and destroyed,’ and I told them on the phone — well, that’s so funny that the guitar was damaged and destroyed because I just bought it from Guitar Center and I have it in my car with me,” said Diaz.
Now, with the help of 7 On Your Side, the lime green electric guitar is where it belongs — in the hands of Damian Diaz, Tony’s 16-year-old son.
"It’s a nice guitar. I like its tone a lot," said the boy as he played his new guitar in front of the ABC7 camera crew.
In a statement to ABC7, a UPS representative said, "We strive to provide excellent service. We’ve been in contact with the customer and have resolved the situation." Hulsey and Diaz confirmed that they received a larger refund and were finally satisfied with UPS’ response.
But the question remains: why were Hulsey and Diaz given so many different explanations? According to UPS, a “casualty code” was assigned to the shipment and it’s possible that customer service representatives didn’t understand what the code meant.
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Who is legally responsible for a lost package — and how to protect yourself
When a package goes missing during shipping, who’s on the hook depends on the situation and whether the item was insured.
In general:
The shipper (in this case, Hulsey) is responsible for getting the item to the buyer. If a package is lost or damaged in transit, the seller typically must refund or replace it, regardless of whether the loss was their fault.
The carrier (like UPS) is liable up to the amount declared or insured at shipping time. If the item wasn’t properly insured, reimbursement may be limited.
This means the buyer may be out of luck when packages are lost or stolen, unless the item is insured or purchased through a platform with strong buyer protections.
So, what can you do to protect yourself when making expensive purchases online? Here are a few tips to safeguard your valuable items, as well as your wallet:
- Insure high-value items for their full replacement cost. Don’t underreport the value just to save on shipping.
- Pay attention to your package’s tracking. If the tracking stops or the status seems stuck, contact the seller immediately. The seller can then contact the shipper to get to the bottom of the delayed or missing shipment.
- Save receipts and documentation. If you need to report a missing package, you’ll need proof of value and proof of shipping.
- Make sure you buy through reputable platforms that offer protection if something goes wrong during shipment.
- When shipping, request a signature confirmation on expensive items to prevent theft after delivery.
For Diaz and Hulsey, it took persistence, a long road trip and an investigative news team to resolve what should have been a routine delivery. And while they’re happy the guitar has been given to its rightful owner — blemishes and all — this story is a cautionary tale for anyone shipping or receiving valuable items.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
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