L
Laissezfaire
Guest
There are 6 parties to this legal can of worms:
Seller
Buyer (Me)
Leasing Co.
Finance Co.
Trucking Co.#1
Trucking Co.#2
I successfully bid on a piece of equipment through eBay in March. The winning bid was $6,001.00. The bid was far enough below market value, so I agreed to a contract with a leasing co. before delivery. The shipping charges were built into the lease, the amount of which was quoted and contraced between the leasing co. and the seller. I wouldn't have the facilities to accomodate the equipment until June, so I arranged (orally) for storage with the seller, who assurred me he had "more space than he knew what to do with". When space was finally available, I requested delivery. The seller notified me that I was required to pay the shipping because he always shipped "collect". When I objected he offered to reimburse me for the shipping charges in "a month".
I objected further and referred him back to the leasing co. When I reported this info to the leasing co. I was told in effect, that it was my problem because when I signed the lease, I acknowledged that I was in receipt of the equipment. (The leasing co. was well-informed as to the status of shipment, long befre this point). When I inquired as to the invoice from the seller to the leasing co. itemizing the shipping charges as part of the sale price, they were evasive. It was obvious to me by now, that they failed to itemize the shipping on the invoice. Negotiation dragged on for 6 weeks until the equipment was finally delivered, with my paying half the shipping charges, the amount of which was deducted from my lease payments. The item was shipped about 3,000 miles, the firtst 2,600 of which was by Trucking Co.#1.
When the item finally reached my shop via Trucking Co.#2, I noticed that it was poorly palletized, and was leaning dangerously. I instructed the driver to return it to the depot for repalletizing before delivery the next day. When it was re-0delivered, I noticed it was shrink-wrapped, a bit odd for a 2,000#
piece of machinery. Later in the day when I unwrapped it, I discovered that it had been obviously dropped or tipped over during repalletizing. I reported it to the final shipper that same day, and they sent a photographer to survey the damage and write a report about July 27th.
My business, though not strictly seasonal, is heavily weighted to Spring/Summer, so this problem caused me a great deal of stress, trying to get good production from an older piece of equipment that I had not intended to use. The damaged one was not usable without extensive repairs, so it was no use to even attempt putting it into service, so I trudged through the season using the old equipment. Now that the season is behind me, I'm ready to start resolution of this problem. The problem began when I first requested delivery about June 1st and continued until November 1st when I finally caught up with production. Should I get legal assistance before filing the insurance claim, and if the claim is refused, do I take action against all of the above parties? I know I'm well within the SOL for filing, so I have time for more research. Can I file a claim based on replacement cost or am I stuck with the purchase price? Can I recover legal fees? (The fees may exceed my loss). My business location is Ohio
Seller
Buyer (Me)
Leasing Co.
Finance Co.
Trucking Co.#1
Trucking Co.#2
I successfully bid on a piece of equipment through eBay in March. The winning bid was $6,001.00. The bid was far enough below market value, so I agreed to a contract with a leasing co. before delivery. The shipping charges were built into the lease, the amount of which was quoted and contraced between the leasing co. and the seller. I wouldn't have the facilities to accomodate the equipment until June, so I arranged (orally) for storage with the seller, who assurred me he had "more space than he knew what to do with". When space was finally available, I requested delivery. The seller notified me that I was required to pay the shipping because he always shipped "collect". When I objected he offered to reimburse me for the shipping charges in "a month".
I objected further and referred him back to the leasing co. When I reported this info to the leasing co. I was told in effect, that it was my problem because when I signed the lease, I acknowledged that I was in receipt of the equipment. (The leasing co. was well-informed as to the status of shipment, long befre this point). When I inquired as to the invoice from the seller to the leasing co. itemizing the shipping charges as part of the sale price, they were evasive. It was obvious to me by now, that they failed to itemize the shipping on the invoice. Negotiation dragged on for 6 weeks until the equipment was finally delivered, with my paying half the shipping charges, the amount of which was deducted from my lease payments. The item was shipped about 3,000 miles, the firtst 2,600 of which was by Trucking Co.#1.
When the item finally reached my shop via Trucking Co.#2, I noticed that it was poorly palletized, and was leaning dangerously. I instructed the driver to return it to the depot for repalletizing before delivery the next day. When it was re-0delivered, I noticed it was shrink-wrapped, a bit odd for a 2,000#
piece of machinery. Later in the day when I unwrapped it, I discovered that it had been obviously dropped or tipped over during repalletizing. I reported it to the final shipper that same day, and they sent a photographer to survey the damage and write a report about July 27th.
My business, though not strictly seasonal, is heavily weighted to Spring/Summer, so this problem caused me a great deal of stress, trying to get good production from an older piece of equipment that I had not intended to use. The damaged one was not usable without extensive repairs, so it was no use to even attempt putting it into service, so I trudged through the season using the old equipment. Now that the season is behind me, I'm ready to start resolution of this problem. The problem began when I first requested delivery about June 1st and continued until November 1st when I finally caught up with production. Should I get legal assistance before filing the insurance claim, and if the claim is refused, do I take action against all of the above parties? I know I'm well within the SOL for filing, so I have time for more research. Can I file a claim based on replacement cost or am I stuck with the purchase price? Can I recover legal fees? (The fees may exceed my loss). My business location is Ohio