I'm in the middle of this process. Was sent something I didn't order (though what they sent is quite nice).
I've logged the dispute with Lloyds/TSB and already have not had to make the payment for the invoiced amount on my card. The VAT and Duty is another issue. Seems the Government (sorry) gives a refund on duty if there is "a case" for doing so. I haven't completed the de-VAT procedure for my company yet, so I have an escape route. However, Lloyds did intimate that 'loses' may be recoverable anyway.
I'm hopeing you'll find it doesn't matter what Amex believe, if you've bought something (on credit) using a card and you were not present, you have some level of protection. If Amex happens to be a 'charge-card' (I don't know) you've effectively made a cash sale.Even so, I'd be surprised (given the litigious nature of the culture) there would be some recourse with the supplier regarding suitability of packing etc. under their Contract Laws.
Do a bit of reading. Send them a recorded delivery letter intimating any compensation claim would include numerous visits by you to your American Lawyer. Suggest 'punitive' damages (since you have shown your resonsableness in trying to resolve this) might be high given the amount of time and trouble you have invested in resolving this simple issue. AFAIK, they can't be insured against 'punitive' damages (the ones the Courts award as the 'lesson'), so these should concern them more.
They'll have to pay for respresentation too. My thinking here is if they think you are serious in getting your way, thay might just take the product back rather than tie themselves up with costs.
Whatever you do, make sure you are polite, and clearly identify what YOUR need is to resolve the issue.
P.S.
Just re-read your post. Can't they get UPS to replace the scope under their insurance scheme anyway?
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