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A question...

Discussion in 'The Water Cooler' started by grnhd, Jun 14, 2014.

  1. grnhd

    grnhd Die Hard Bowhunter

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    I recently sold a boat engine and had a trucking company ship it to the guy that bought it. The engine was damaged during transit, more specially the tiller handle. Who should file the claim? I want to help, I feel bad that this happened but it was not my fault and I'm not sure what to do. If they pay for the damages he'll get the money. I'm curious how to handle this. I have contacted the trucking company and have not heard back yet, but it was late yesterday afternoon and this is a Saturday so I may not here anything until Monday. He did not look for any damage and didn't discover it until he got home but it was obvious they rammed into the pallet hard, tearing up the end of the pallet. He did take pictures. Any help would be appreciated.
     
  2. Iowa Veteran

    Iowa Veteran Grizzled Veteran

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    I think as the shipper, you are the one to handle the claim and then make it right with the buyer. It's like if you order something from Cabela's and it arrives broken. They don't have you file the claim and make it right, they take care of it. JMHO
     
  3. SPOTnSTALK

    SPOTnSTALK Grizzled Veteran

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    It is a little bit of both but I would keep hounding the carrier and get things straight as to why the damage during transit happened and when they will set things right. It may work well to keep in communication with the buyer to use the received photographs and have him contact the carrier as well to "double down" on "Houston we have a problem". As a manufacturer and shipper I have had no problems with this but have known some with heavier freight damage issues. It is always best to insure the bigger ticket items that require care in handling. Ultimately the carrier (if reputable) should deliver point A to point B undamaged. If they caused damage during the travel they need to fix it. I hope you get it worked out.
     
  4. cr422

    cr422 Weekend Warrior

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    I suggest you check the documents you signed when you shipped it. That should tell you who is responsible for what and when. You may have to look up definitions.
     
  5. Slugger

    Slugger Grizzled Veteran

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    You hope what he signed when he signed for it didn't say it was free of damage otherwise you guys will be in a bind
     
  6. SPOTnSTALK

    SPOTnSTALK Grizzled Veteran

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    This^^^
     
  7. grnhd

    grnhd Die Hard Bowhunter

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    THIS! I read the shipping contract and he was supposed to inspect it before he took possession. He didn't and found the damage after he got home. I'm not sure there will be anything I can do to help him.
     
  8. michaelp

    michaelp Die Hard Bowhunter

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    Who was the shipper, how was it shipped. If it was LTL on a common carrier (fed-ex, Saia, ABF, yellow freight, etc...) and he didn't sign damage on arrival, you are both in a bad way. Those companies have multiple tariffs that protect them against everything since they ship so cheap.
     
  9. Muzzy Man

    Muzzy Man Grizzled Veteran

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    I hope you get it worked out... I would sure hate to receive an order that was damaged and would expect the seller to make it right.
     
  10. Chris1982

    Chris1982 Weekend Warrior

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    You are probably clear from any legal responsibility since he failed to inspect it upon arrival. Helping get the problem fixed for the buyer would be the right thing to do though. If I were the shipper I would pay for repairs if the freight company wouldn't.
     
  11. chopayne

    chopayne Die Hard Bowhunter

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    Oye, id say it's up to you to file the claim but if he signed it...well he just might be SOL. Or, he might try to come after you, but if he took pictures and it shows the box damaged, you should be fine.
     
  12. grnhd

    grnhd Die Hard Bowhunter

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    The carrier was R&L. He did not report any damage. He didn't see some of the damage until today.

    How would you except me to make it right? I'm not in the business of selling boat engines, this was my old engine that I sold. I think the fact the he didn't report the damage when he picked it up may be a problem. All I can do is file a claim, and i'm not sure that i'm the one that's supposed to do it. According to the shipping agreement, the receiving party is responsible for any claims. I tried calling the claims department today and of course couldn't get ahold of anyone.
     
  13. tfox

    tfox Grizzled Veteran

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    You're responsible for item until it is received. This is why YOU should always insure an item you are shipping.

    Sent from my SAMSUNG-SGH-I317 using Tapatalk
     
  14. chopayne

    chopayne Die Hard Bowhunter

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    Hey, not sure if you did insure it or not (always smart thing to do and I hope you did) but I wonder when the insurance clause ends? ie does the receiver have 30 days to file a claim?
     
  15. chopayne

    chopayne Die Hard Bowhunter

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    I dont know about it, but whether or not it was damaged by the shipper or the seller, if I buy something I want it in the condition that was stated in the ad. To me, it falls on the seller to make things right and though he may have signed off on that item, I hope there is a 30 day clause in there or something.

    Wow my sentence is all over the place.
     
  16. tfox

    tfox Grizzled Veteran

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    The seller hired the shipper. Not the consumer. It is the sellers responsibility.


    This is why I refuse to buy from sellers online that shift shipping insurance to me, the one purchasing.

    It is still their property until I sign off on the purchase as being as advertised.

    In this case, the buyer may have done just that and the claim may have shifted but the seller still needs to be active in the resolution of the problem.


    Sent from my SAMSUNG-SGH-I317 using Tapatalk
     
  17. Muzzy Man

    Muzzy Man Grizzled Veteran

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    You went in business selling engines when you sold an engine.

    Change shoes a minute... you received broken merchandise, even if you didn't notice it broken until you got home... what would you expect from the seller?
     
  18. SPOTnSTALK

    SPOTnSTALK Grizzled Veteran

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    The buyer needs to be content with what was purchased. If the damage was caused after the item was released from the carrier you are in the clear. Only way to know is to communicate with your buyer, and the carrier. I would not worry over this. The way I see it is you can not please everyone and grown men should know how to manage what they do.
     
  19. grnhd

    grnhd Die Hard Bowhunter

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    I wouldn't expect the seller to be responsible for something someone else did. I bought a used reloader one time and it was damaged during shipment. I didn't hold the seller responsible for that.
    For all I know he caused the damage when he tried to get it out of his truck. Why would someone not inspect something for damage before taking possession? If the damage was there when they loaded it, he never even looked at it after they loaded it he just drove off. Who does that?
     
  20. chopayne

    chopayne Die Hard Bowhunter

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    A lot of people do. If the box wasn't damaged then not many people inspect it. If the box came damaged and he didn't take pictures of inspect....well then he is an idiot. Did the box come damaged?
     

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