Shipper wants more money to deliver

[Onceagain33]

I am in New Mexico, the seller is in Utah.
here is my problem. I am stuck in an RV park in New Mexico. About 4 weeks ago it became obvious to me that I need a new LiFePo4 battery.
I went back to the same company as I originally dealt with when I bought the one I have. In Salt Lake. Explained the situation and ordered the battery for a rush. Cost $2,175 plus $375. To deliver. They were great…got the battery build and finished by that same Friday (17 days ago).
when next Monday I called the seller in Utah asking for a tracking number….they told me it wasn’t not a major shipping company…they would check the status. I was told the same day it was in Phoenix. Then 10 days ago, I again asked the seller what was happening…(at that point I have to covert everything to run on the RV park electric as the situation with the batteries was too unstable to trust)….. seller told me shipper wants another $275. They would have to transfer to a local trucking to get it done.

this past Friday I asked again…where is my battery. I was told by seller that they were told it was ElPaso. What!!!!! That went right by me on interstate 10.

this morning I ask again…now the seller was told it is still in Phoenix. Then silence. shipper has made no other statements about the delivery since “requesting” an additional $275. I believe it is held ransom

what can I do? would I have any legal basis to demand seller ship another immediately. Seller is known to me and I would recommend them….but…can I get pushy with them and have any legal basis for it?

ps…running completely on RV park power is costing me about $8.00 per day….and it’s not really hot yet.

help

 

[Zigner]

I dunno - if it were that important to me, I might consider paying the $275.

 

[Onceagain33]

Well….important it is. I simply do not have the money to do that. Borrowed the money for the battery

what I need to know is this…is there an interstate commerce law I can quote.? Is there a State law of some sort that I can use for leverage? What is the obligation of the seller to see to it his deal with shipper is honored. It sure looks like that shipper took the “contract” to deliver that package when they didn’t have either the intent or ability to deliver.
how do I get my battery and get out from between these two companies? After all,I am not the shippers customer.

 

[Zigner]

From their perspective: You are responsible for the costs of shipping. If those costs are higher than expected, you are responsible.

Frankly, it really doesn't matter how much law you quote, because you still won't have the battery. Even if you were to take some sort of legal action, it would still be months before you get any resolution. Perhaps you can reverse the charge on the credit card then buy the battery somewhere else?

 

[zddoodah]

Well….important it is. I simply do not have the money to do that. Borrowed the money for the battery

In 35 days at $8 per day, you'll have paid more than the $275.

what can I do? would I have any legal basis to demand seller ship another immediately.

You can demand anything you like. We have no way of knowing if the seller will acquiesce to your demand. If it doesn't, then your choices will include the following:

1. Cancel your order and demand a refund. If you don't get the full refund, you can sue. That will take many months and maybe more than a year.
2. Continue to wait.
3. If you made the purchase with a credit card, follow your card issuer's policy for disputing the charge.

There isn't anything you can do to force the process to move faster.

From their perspective: You are responsible for the costs of shipping. If those costs are higher than expected, you are responsible.

I can't speak intelligently about the perspective of this unknown seller, but I disagree that the buyer is responsible if shipping is higher than expected. If the contract of sale provided that the item costs $X and shipping will be $Y, then the buyer is responsible for paying only $X+Y. The only way the buyer would be responsible for paying higher than expected shipping costs would be if the contract expressly provided for that.

 

[Onceagain33]

I am actually shocked. It is ok for a shipper to take a package for one price and then extort more out of the receiver to get the package delivered? I am floored. So, if I don’t pay they just get to keep my battery? Stick in a warehouse and wait ? Wow. You can see why I don’t find that to be legal…..wow.

 

[doucar]

What we are saying it is not illegal, criminal it is civil. The only "legal" remedy you have is to sue for breach of contract in Utah which will take months.
It will depend upon the terms of the contract whether you are responsible for paying the extra shipping.

 

[Zigner]

I am actually shocked. It is ok for a shipper to take a package for one price and then extort more out of the receiver to get the package delivered?
I am floored. So, if I don’t pay they just get to keep my battery? Stick in a warehouse and wait ? Wow. You can see why I don’t find that to be legal…..wow.

Nobody said that and I'm really not sure why you believe that to be the case. The simple fact is that it is sometimes easier and cheaper to pay a few bucks more to deal with the problem. You can go back and sue them for the extra money later while enjoying the use of your new battery.

 

[Onceagain33]

I am not the customer of this shipper. The seller is. That is what I need to deal with.

 

[Zigner]

I am not the customer of this shipper. The seller is. That is what I need to deal with.

Then pay the seller and get your battery.

 

[Zigner]

Let me be clear: I get it. This sucks and the seller/shipper are slimy for pulling this. But that doesn't change the fact that it's sometimes cheaper and easier to simply pay the money and never do business with that company again.

 

[quincy]

Where is the shipper headquartered? You could file a complaint with that state’s attorney general. It is possible that the shipper has been reported in the past for inflating the cost of delivery.

 

[zddoodah]

It is ok for a shipper to take a package for one price and then extort more out of the receiver to get the package delivered?

No, it's not, and no one said anything that might reasonably lead to such an inference.

This sucks and the seller/shipper are slimy for pulling this.

While I generally agree, as the OP noted, he/she is not the shipper's customer. The seller is, and we don't know the terms of the agreement between the seller and shipper, so it might be perfectly appropriate for the shipper to do this.


OP: I and others have laid out to your options. It's up to you to decide what to do at this point.

 

[Zigner]

While I generally agree, as the OP noted, he/she is not the shipper's customer. The seller is, and we don't know the terms of the agreement between the seller and shipper, so it might be perfectly appropriate for the shipper to do this.

That is true - I was basically trying to convey my empathy for the OP who ended up in this bind through no fault of his own.

 

[quincy]

... what I need to know is this…is there an interstate commerce law I can quote.? ...

If you want an interstate commerce law to quote, the Interstate Commerce Act (ICA) is a pretty good one.

Here is a link to the ICA, US Code Title 49, Subtitle IV, Part B, Chapter 137. You might want to first read through Section 13706 for “liability for payment of rates” and then check out the other section headings (13701-13713) for more information.

https://www.govregs.com/uscode/title49_subtitleIV_partB_chapter137_section13706

The expense of the freight is (generally) paid by the person who wants the goods transported from one location (e.g., Utah) to another (e.g., New Mexico). This shipping expense can be charged either upfront (in your case, $375) or after delivery, where additional charges, for example like an increase in fuel costs from time of order to delivery, can be factored in.

Here is where the exact wording of your contract with the seller is important. It is possible that the seller charged you the $375 to get the battery from his place of business (the origin) to the shipping point, where you then became responsible for the additional cost of getting the battery from the shipping point to you (the destination). If this is what is the case, you will need to pay the remaining freight costs.

I agree with the others that you need to weigh the benefits and costs of paying the shipper the extra $275 now so you can get the battery to your home, against disputing the $275 and possibly delaying the delivery indefinitely. I think if I were in your position, I would begrudgingly pay the $275 now and then see if any legal action is available to pursue after the battery was safely delivered.