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  #1  
Old August 24th, 2011, 06:51 PM
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Unhappy Damaged Shipment

For you legal experts out there...

I received a shipment that was damaged in transit yesterday and am a little confused as to who's responsibility it its to make good on the product.

In the past when I've purchased something and it has been damaged in shipping the company who I purchased the product from has always made good on it and taken the steps to file a claim with the shipper. In most cases the product was replaced upfront by the company whom I assume later was compensated by the shipper.

In this case I now have a damaged product and the company whom I purchased it from doesn't seem to care. Only response I received from them was I needed to file a claim with the shipper.

First off I don't feel it is my responsibility as I am not the one who hired the shipping company there for I doubt I will get very far with a claim. I don't even have a copy of the bill of lading.

Second I purchased a product that was said to be new take off only to receive it damaged. That is not what I paid for. The terms of the purchase were not FOB the suppliers warehouse but delivered to me in described condition.

Am I getting screwed?
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  #2  
Old August 24th, 2011, 07:07 PM
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*** not a legal expert but shipped tons of stuff as a business owner ***

Typically the shipping company will only deal with the person / company that shipped the item.

In the past when I had damaged shipments sent from my business I would file the claim and the shipping company would cut me a check for the amount, in the mean time I would send the customer a new item or issue a refund.

Hope it works out for you
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  #3  
Old August 24th, 2011, 07:29 PM
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Thanks Dave! That confirms my past experience. I've never been expected to file the claim and the companies I've dealt with in the past have always gone above and beyond to take care of their customers like you do. I realize it's bad for both parties involved. I can only imagine the hassle it must be to file a claim.
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  #4  
Old August 24th, 2011, 09:14 PM
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Also...I am assuming that if you are talking FOB and BOL that you used an LTL Carrier or similar carrier. Typically you would be insured for cents or dollars per pound...and most likely not enough to cover what you had shipped.
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  #5  
Old August 24th, 2011, 09:29 PM
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Is this from a shipment originating from the UK? There are very specific time lines, and rights for long distance sales. I would act now if this is the case. I can point you to some information if you want through emails to make it easier. Had to deal with this issue myself with Matt at MRM.
Greg
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  #6  
Old August 24th, 2011, 09:49 PM
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Quote:
Originally Posted by gchinsr View Post
Had to deal with this issue myself with Matt at MRM.
Greg
How'd that end up?
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I am talking purely from an aesthetics standpoint.
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  #7  
Old August 24th, 2011, 10:19 PM
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Quote:
Originally Posted by DMSLongLake View Post
Also...I am assuming that if you are talking FOB and BOL that you used an LTL Carrier or similar carrier. Typically you would be insured for cents or dollars per pound...and most likely not enough to cover what you had shipped.
Yeah, it was LTL and reading through their claims form it is like $.50 per pound. This doesn't make sense. Especially if you have an expensive Brimbright part that is very big and light weight.
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  #8  
Old August 24th, 2011, 10:19 PM
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Quote:
Originally Posted by rijosho View Post
How'd that end up?
Well the 2 blue doors with solid bottoms, and tidy door cards I paid for were never sent to the warehouse where my container was loaded. Matt knowing they were being shipped LCL instead sent 2 green doors that have corroded frames, skins, window winders, and torn up mold damaged door cards. ie scrap. because it was over 45 days until I took physical delivery to open the crate, I could not do anything with EBay, or PayPal. They both said the other would help, so don't worry, but neither would let me file a claim. Instead they both then said to work it out with that piece of dog shite, and thats the best you can do. After Matt admitted to the fraud, he had brought up, and agreed to send me 4 door frame repair pieces to help me recoup some of the losses since I cant return them, he then continued his BS and said he had sent them on 3 different occasions over the next month. I had filed a report to Trading Standards about the fraudulent sale, and from that point he stopped answering the phone, and emails. Now I am on a quest to try and amend the rules for import/export sales, traveling by sea freight with EBay, and PayPal. There are times when the 30-45 days is not enough, and would best be covered by a longer time limit, or after physical delivery, and get a refund including shipping costs in these cases of blatant fraud. I lost it all here, but if I can use this experience to help someone else from being ripped off, then some good will come from this. Sucks, but live, and learn.
Greg
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  #9  
Old August 24th, 2011, 10:21 PM
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Quote:
Originally Posted by gchinsr View Post
Is this from a shipment originating from the UK? There are very specific time lines, and rights for long distance sales. I would act now if this is the case. I can point you to some information if you want through emails to make it easier. Had to deal with this issue myself with Matt at MRM.
Greg
Fortunately it was states side.

Quote:
Originally Posted by rijosho View Post
How'd that end up?
From his comments in another thread it sounds like he got hosed. Edit: Yep ^^^
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  #10  
Old August 24th, 2011, 11:33 PM
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Did the seller purchase additional insurance on it when they set up the freight with their broker?
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  #11  
Old August 25th, 2011, 11:25 AM
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Greg I take it that Matt from MRM has never refunded your money or sent you the proper parts that you ordered? It's a shame because he has some nice looking, USA legal vehicles on his site. Too bad he seems to be a crook. I noticed he has a Dodge 3500 for sale and claims it gets 28 mpg, seems he has trouble telling the truth. Glad you let us all know about your experience.
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  #12  
Old August 25th, 2011, 05:38 PM
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Hey Todd. No Matt was just stringing me along to kill more time. He never made good on anything. In talking with others on the UK land Rover forums, not 1 person has a good word to say about Matt, or MRM. Most complain that underneath the nice paint, there is a lot of covering up going on for shady patch jobs. When going back to try and get BS fixed,he does nothing to help. If he does that in the UK, what do you think he is capable of doing to a Land Rover shipped to the USA. You cant return it, or drive into his shop to get it fixed. I would not recommend buying anything from him, unless you were in his shop inspecting every square inch yourself, and it leaves with you for the dock. Matt does not care about making things right after the sale, that is a proven factor. Be careful.
Greg
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