What is the name of your state (only U.S. law)? NJ
Hi. I was wondering if it would make sense to take the online company that I bought tile from to small claims court.
The tile was sent by a trucking company, and when the trucking company called to set a time to deliver the tile to my home, I asked if I could pick it up after work from their warehouse because it is only 1 mile from my home.
I picked it up, it was 9 boxes on a pallet that were shrink wrapped and strapped down. I saw no visible damage.
When I got home and unwrapped and opened the boxes, I found that over half was damaged.
I called the company immediately (like it said to do on their website), and the person said that because I picked up the tile and did not have it dropped off at my door, that he cannot file a claim with the trucking company. Then he hung up on me.
I filed a complaint with the trucking company and they only gave me half the value of the damaged tile and called it a "concealed damage compromise".
I want to know if the tile company was being truthful with me (about me picking up the tile making it impossible for them to file a damage claim) and if I can sue them in court to get the other half of the value of the broken tile.
I should also add that I filed a complaint with the BBB and they found that: "Customer not satisfied with business response; BBB did not find business made good faith effort to resolve complaint". The company actually lied to the BBB and said that they specifically told me NOT to pick up the tile myself. I also discovered that since I placed the order, they changed their Shipping Policy page and added a line saying that tile can only be insured if delivered to the buyer's address. That line was not there previously, and I have the original Shipping Policy page saved on my hard drive.
Thank you.
Hi. I was wondering if it would make sense to take the online company that I bought tile from to small claims court.
The tile was sent by a trucking company, and when the trucking company called to set a time to deliver the tile to my home, I asked if I could pick it up after work from their warehouse because it is only 1 mile from my home.
I picked it up, it was 9 boxes on a pallet that were shrink wrapped and strapped down. I saw no visible damage.
When I got home and unwrapped and opened the boxes, I found that over half was damaged.
I called the company immediately (like it said to do on their website), and the person said that because I picked up the tile and did not have it dropped off at my door, that he cannot file a claim with the trucking company. Then he hung up on me.
I filed a complaint with the trucking company and they only gave me half the value of the damaged tile and called it a "concealed damage compromise".
I want to know if the tile company was being truthful with me (about me picking up the tile making it impossible for them to file a damage claim) and if I can sue them in court to get the other half of the value of the broken tile.
I should also add that I filed a complaint with the BBB and they found that: "Customer not satisfied with business response; BBB did not find business made good faith effort to resolve complaint". The company actually lied to the BBB and said that they specifically told me NOT to pick up the tile myself. I also discovered that since I placed the order, they changed their Shipping Policy page and added a line saying that tile can only be insured if delivered to the buyer's address. That line was not there previously, and I have the original Shipping Policy page saved on my hard drive.
Thank you.