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Author Topic: Trucking Company damaged my new tower - doesn't want to pay!  (Read 17166 times)
AA4HA
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Posts: 2381




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« Reply #30 on: September 01, 2010, 06:51:10 PM »

I had a Trylon 90' free standing that was ordered through Tessco (commercial site) and it was shipped on a large pallet and wrapped in a large amount of shrink wrap. Our shipping guy just verified the delivery and the tower went into our warehouse for a few weeks. Unseen until we unwrapped the tower at our warehouse was that the shipping company had used a fork truck inserted through the shrink wrap to lift the pallet load and had bent several of the angle steel cross members.

It was too bad that we did not unwrap and inspect the shipment and it did cost us a few hundred dollars to replace the bent cross members.

It was not the drivers fault, it was not Tessco or Trylon's fault, just some guy working in a warehouse, probably moving the load from one truck to another. It was a costly mistake in not inspecting the load but Trylon and Tessco were very helpful in getting the replacement cross pieces shipped. Thank goodness that is a bolted tower and the cross section replacement took about 10 minutes before the tower was erected.

We (the company I worked for) had a terrible record for not inspecting incoming shipments. Receiving a 50 HP electric motor that was dropped during shipping and broke off a mounting ear cost us somewhere around $8000.

Tisha
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Ms. Tisha Hayes, AA4HA
Lookout Mountain, Alabama
Free space loss (dB) = 32.4 + 20 × log10d + 20 × log10 f
WB8YQJ
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Posts: 29




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« Reply #31 on: September 05, 2010, 12:45:22 PM »

I went back to the damaged section with the idea of pressing the dent part out, from the inside. But looking at the element long ways (from the base of the section) there is this corkscrew twist like you would see on a roller coaster. Matthew, the president of Texas Towers has arranged for the manufacturer to send out another section. Waiting for this section will only keep me honest as to no be thinking about constructing the tower on a cement base that was only poured two days ago!  Grin


Aluminum fatigue is a b****...

I would never bend back an aluminum anything that I was relying on for my safety.



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AE5PW
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Posts: 14




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« Reply #32 on: September 05, 2010, 03:29:31 PM »

In my opinion, from dealing with credit card companies in the past and knowing a little bit about the law, I think you are out of luck.

You signed a legally binding piece of paper saying the product was not damaged.  That's the big problem.

Secondly, if you dispute the item on your credit card it doesn't automatically fix everything.  A dispute is just that - you presenting your evidence that you shouldn't pay.  The company, on the other hand, will send your credit card company a copy of the document you signed and the charge will end up back on your bill.

I really don't think that suing the trucking company in small claims court will get you anywhere, unless they don't show up (which is a good possibility) and you get a default judgment against them.  And if that happens, then you are stuck with trying to figure out how to get the judgment paid.  That can be a long drug out process.  After all, exhibit 1 to the judge will be the signed document saying everything was okay.

It's a bad deal that the trucking company damaged your goods, but you did sign and say they were all there and in good condition.  This should serve as a costly lesson to you and a warning to all else who don't read and understand what they are signing before they sign it.

73

Patrick
AE5PW

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AC5S
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« Reply #33 on: September 05, 2010, 06:38:50 PM »

AE5QB you make some good points, but in the long run, the only person/company involved really is Texas Towers.  The sales order was for a tower, order placed with Texas Towers, credit card processed by Texas Towers, official transaction through Texas Towers, shipping most likely arranged through TT.  As far as I would be concerned, the trucking company is not party to the purchase transaction, which states that TT would deliver a quality product to the customer.  Now you may argue (and some validity exists here) that it may not be "fair" to involve TT, but I would have told TT that when I get a tower that is not damaged, I would release the credit card charge.  These are the risks you take when you are in business.  Also, I'm sure somewhere along the line, someone had insurance on the shipment.  If I owned TT I would make sure the insurance fee/charge was included in the purchase price, to take care of these issues, which are bound to happen often.  73's.  Paul
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WB8YQJ
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« Reply #34 on: September 05, 2010, 07:18:12 PM »

Patrick - you did not even read all the messages in this thread before offering your expert advice?

Here you are suggesting there should be some penalty and "costly lesson" for not being fully aware of the small print on an invoice when you dont read the thread you are responding to, then offer up all this advice that does not even apply?

Here is what the post PREVIOUS to your own said "Texas Towers is replacing the tower section".

How does this make you feel? If its anything but happy for your fellow ham, find some place to stew for a while.

And for the two or three others that seemed to revel in the idea of someone elses possible misfortune - you can all stew, because you were wrong here.

The signature is only at the end of the line, you can get anyone to sign anything. Associate with people of good character, do your due dilligence, most often things will work out - unless you've convinced yourself they wont.  Wink


It's a bad deal that the trucking company damaged your goods, but you did sign and say they were all there and in good condition.  This should serve as a costly lesson to you and a warning to all else who don't read and understand what they are signing before they sign it.

73

Patrick
AE5PW


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AE5PW
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Posts: 14




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« Reply #35 on: September 06, 2010, 09:05:26 AM »

Patrick - you did not even read all the messages in this thread before offering your expert advice?

Here you are suggesting there should be some penalty and "costly lesson" for not being fully aware of the small print on an invoice when you dont read the thread you are responding to, then offer up all this advice that does not even apply?

Here is what the post PREVIOUS to your own said "Texas Towers is replacing the tower section".

How does this make you feel? If its anything but happy for your fellow ham, find some place to stew for a while.

And for the two or three others that seemed to revel in the idea of someone elses possible misfortune - you can all stew, because you were wrong here.

The signature is only at the end of the line, you can get anyone to sign anything. Associate with people of good character, do your due dilligence, most often things will work out - unless you've convinced yourself they wont.  Wink


It's a bad deal that the trucking company damaged your goods, but you did sign and say they were all there and in good condition.  This should serve as a costly lesson to you and a warning to all else who don't read and understand what they are signing before they sign it.

73

Patrick
AE5PW



Yes, I did read all the messages in this thread before offering my advice (however I guess I failed to read the part about TT replacing this section!).

I am not reveling in the misfortune of others, as you put it.  Instead, I am offering my real-world experience in such matters.  You see, I have been a police officer for 10 years and during that time I have sat in small claims court (as a baliff) and also in circuit court and witnessed a great many civil trials.  I have seen people who signed a document and did not read it who have been, well, screwed for lack of a better word.  I saw a guy who signed a rental agreement and he didn't know there was a 12 week minimum rental.  When he returned the stuff four weeks later, at his request and without missed payments (it was furniture), he ended up being ordered by the judge to pay for the extra 8 weeks that he didn't even have the stuff.  Why? Because the contract said there was a 12 week minimum rental, in very small letters at the bottom of what he didn't read before he signed.

I've seen lawsuits that were in the hundreds of thousands of dollars over the "fine print." The lesson for everyone is to pay attention to that fine print.  I was at a Sam's Club and I saw an old man paying for his purchase with a check.  I saw that the clerk ran the check through the system and then on the electronic signature pad alot of text came up and the clerk told the old man "click that you understand and then sign your name."  The old man said "what is this?" and the clerk says "oh it's just about the check" and the old man signs.  He had no clue what he had just signed.  For all he knows it could have said "we will electronically debit your checking account for the amount of this check every day for the next four days as an extra fee for slowing down the checkout line by writing a check."  See where this is going?


TT did the "right" (morally) thing by resolving the problem.  Did they HAVE to (legally)?  Probably not.  Then again, they are probably aware of this forum post and certainly don't need the negative publicity. 

I'm glad the original poster is having his problem resolved, but everyone remember.....

READ THE FINE PRINT.
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KE4DRN
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Posts: 3746




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« Reply #36 on: September 07, 2010, 05:08:06 PM »

The issue is concealed damage and this falls under
the Uniform Commercial Code.

Concealed Damage --
Damage to the contents of a package which is not evident from
the appearance of the exterior of the package.

He has 15 days from the date of delivery
to report concealed damage.

Glad the new section is on the way.

73 james
« Last Edit: September 09, 2010, 06:50:52 PM by James » Logged
W8DPC
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Posts: 542




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« Reply #37 on: September 08, 2010, 07:29:24 PM »

Glad you've got everything sorted out. Really sucks that it happened, but that's how we learn.
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WB8YQJ
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« Reply #38 on: September 08, 2010, 08:04:25 PM »

Glad you've got everything sorted out. Really sucks that it happened, but that's how we learn.

Thanks for the support. To tell you the truth, it was really no imposition. The base section is in the cement curing and by the time the center section arrives it will be just about time to put the entire thing together.

The thing I was really surprised and taken aback by (sucks) was the response on this list by some of the hams.

Aside from being 100% wrong, the comments were crass, judgemental, and derogatory. Guess it's 2010?

The original post was written after a call to Texas Towers, and speaking with the ham, he was somewhat concerned that I had signed the shipping invoice. The next day I received a communication from Matthew, the ham owner at Texas Towers - who kindly cut to the quick of the matter (concealed damage) then called the manufacturer. Shortly after that I received this revised invoice in the mail showing the new center section was ordered and the delivery line item, both priced at "0.00".

Needless to say, if anyone ever considers a tower purchase - or a transceiver for that matter, I have purchased both of them from Texas Towers within the last year and recommend them in the highest possible terms.

For those that still contend that you need to take a magnifying glass and read and understand that terminology on the invoice - while at the same time spending an hour to examine the shipment before letting the driver go - and bound forever by that decision - you're free to keep barking up the same wrong tree, I'd almost expect it. ;-)
 
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KJ4KKI
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Posts: 21


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« Reply #39 on: September 08, 2010, 09:05:23 PM »

I stopped reading replies because I got fed up with people trashing one of our fellow hams.  Should he have inspected the towers?  Yes...  But, if he has had good luck with previous orders from other vendors, sometimes being suspicious slips through cracks.  Or, perhaps he had a lot on his mind that day.  I think the company should pay on principal alone.  But, in any event, I'm supporting our "RF brother," and I wish him the best in resolving the matter.  If some of you can't write a comment without bashing him, try staying off of the computer so you don't have to worry about it.  73, Steve
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K5MF
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Posts: 442




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« Reply #40 on: September 09, 2010, 01:17:09 AM »

OK, as long as we are "telling the truth,"  the fact is that this post should never have been made. If you want to know what day and age we live in, look in the mirror.  I am happy you got your issue taken care of and I had no doubt that Texas Towers would act the way they did.  But the fact remains that you should have taken care of the issue offline and not posted a word about it. It would still have been taken care of. The age we live in is one in which people are quick to get all puffed up and scream victim before any reasonable effort is made to resolve an issue - not unlike a spoiled two year old who throws a tantrum in the middle of the grocery store to get what he wants. You were all prepared to trash a businesses reputation because you jumped to conclusions and assumed the world is automatically out to screw you over. That just ain't so.  Sorry if I hurt your feelings. Take care of your business next time and give your vendors time to resolve issues before you go screaming victim to the entire world.  As to the last post, I support hamming a great deal. But I don't blindly do so. When a fellow ham is wrong, I don't mind putting the moose on table, lifting the tail, and figuring out where the smell is coming from. If I hurt someone's feelings, then so be it. If you read the fine print and take the time to check your shipments in the future then you will have learned something from this experience. Enjoy your new tower and good luck to you and yours.

73's
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KH6DC
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« Reply #41 on: September 09, 2010, 09:49:20 AM »

I had something shipped from California to Hawaii via Yellow Trucking company.  When it arived at my house, the driver insisted I inspect it before signing (which I planned to anyway).
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73 and Aloha,
de Delwyn, KH6DC
AD6KA
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Posts: 2243




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« Reply #42 on: September 09, 2010, 12:25:31 PM »

I had something shipped from California to Hawaii via Yellow Trucking company.  When it arived at my house, the driver insisted I inspect it before signing (which I planned to anyway).
California to Hawaii is a looong drive,
no wonder he had you inspect the load.  Smiley

Sorry, couldn't resist.
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SWMAN
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Posts: 1066




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« Reply #43 on: September 09, 2010, 07:29:53 PM »

 THANK GOODNESS! I THINK THAT THIS THREAD IS FINALLY OVER AND DONE WITH!
NINE FULL PAGES ABOUT A DENT ON A TOWER!!
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