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Author Topic: Trucking Company damaged my new tower - doesn't want to pay!  (Read 10113 times)
WB8YQJ
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Posts: 29




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« on: August 29, 2010, 09:28:18 AM »

So I finally received 3 sections of aluminum tower + steel base on Friday, it came to SoCal from MICHIGAN after 2 weeks in a truck. I paid nearly as much for shipping as the tower cost. It came wrapped in plastic wrap, like they wrap pallets at Costco. It looked fine through the wrap to me, and it did not make sense to have the driver stay 30 minutes for me to thoroughly inspect under the wrap. Two sections were wired together and that took further time to inspect. So I signed for it and the driver left.

You guessed it, one of the sections has one of the main aluminum legs bowed in and dented. I immediately called Texas Towers, the delivery company, and the manufacturer in Michigan (who scheduled delivery) and they all told me emphatically that my signature to the truck company puts them on a zero tolerance footing (will NOT pay any claim) on it.

Now my choice is to order another section plus delivery - probably $250 - maybe more, but I am already over budget and paid for it once.  Huh

 
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W4KVW
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Posts: 508




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« Reply #1 on: August 29, 2010, 09:45:42 AM »

I think you will find that it will fall back on YOU.If it's NOT worth a 30 minute wait to you it's OK by them because you ACCEPTED it as OK when it was delivered & signed away your claims or chances of winning one anyway! At that price what is 30 minutes? I think YOU will be stuck with damaged goods because you thought it would put the driver out a few minutes but it cost YOU not them in the end.  Sad  HINDSIGHT IS 20/20 after all.

God bless,
Clayton
W4KVW
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WB4LFC
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« Reply #2 on: August 29, 2010, 09:58:22 AM »

File a claim in Small Claims Court in your county court.Sometimes companies will pay up rather than pay an attorney to represent them in court and who knows you may win.
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N4NYY
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Posts: 4821




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« Reply #3 on: August 29, 2010, 01:19:43 PM »

If you paid by credit card, disput the charge. I crack up. Most trucking companies that deliver, stick the signature pad in your face and do not make an effort to allow you to inspect the tower. The other thing is to go to small claims as someone suggested.
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AD6KA
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Posts: 2238




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« Reply #4 on: August 29, 2010, 01:34:11 PM »

Sorry to hear about your incident.
Hope you took plenty of photos, yes?
Good luck with your claim, hope
it all works out for you.
73, Ken  AD6KA
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W3LK
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Posts: 5639




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« Reply #5 on: August 29, 2010, 01:53:09 PM »

You signed that the shipment was received in good condition. It's now up to you to PROVE that the shipper damaged the tower section, and not you as you were moving it around. Without photos taken BEFORE the truck left, I don't see how you can do that.

Good luck, but I think you just bought yourself a damaged section of tower. Shipping companies don't put those damage disclaimers on their shipping forms just to take up space.
« Last Edit: August 29, 2010, 01:56:16 PM by Lon Kinley » Logged

A smoking section in a restaurant makes as much sense as a peeing section in a swimming pool.
K0BG
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« Reply #6 on: August 29, 2010, 03:26:12 PM »

When I buy anything which costs as much as a tower, I always put it on my credit card. Or should I say, "protected" credit card. After all is said and done, if the merchandise isn't right, hidden damage notwithstanding, I don't pay! And neither do they.
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W8JI
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« Reply #7 on: August 29, 2010, 05:43:59 PM »

That sucks.

If I ran the company that sold you the tower, I would sell you a replacement at factory cost direct. That is the very least they could do.

I use a credit card that warranties items I purchase, and I try my best to inspect before signing. Truck companies suck. I've had them call me for a pickup and then later find out I was billed for a drop off. This is why I use a credit card.
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KI4SDY
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« Reply #8 on: August 29, 2010, 06:49:36 PM »

If you don't get anywhere with the credit card company or in small claims court, take the bent section and place it behind two trees. Then, tie a rope to the bent section and the other end to a truck trailer hitch. Slowly, while someone is watching the bent section from the trees and can signal you when to stop, ease forward until you have pulled the bent section out. No problem! I have done this before myself with a bent boat trailer pull arm. It works fine! Grin 
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W0BTU
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« Reply #9 on: August 29, 2010, 09:33:39 PM »

The Better Business Bureau is your friend. Have you tried them?

73, Mike
www.w0btu.com
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WB8YQJ
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Posts: 29




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« Reply #10 on: August 29, 2010, 10:13:36 PM »

The Better Business Bureau is your friend. Have you tried them?

73, Mike
www.w0btu.com

Great suggestion.

I still have yet to receive final word from Texas Towers and Universal towers. Perhaps one of them can help me in some way.

The part that gripes me is that there is some paperwork attached to one of the three delivered items. It is obvious as heck that there has been trouble in the past with people signing for damaged goods because it is all over the front page.

So I know for a fact that I am not the first one to step in this hole, it is real apparent to anyone in the tower business or the big item delivery business. Examine thoroughly before letting the driver go, lots of damage and liability.

Problem is, the driver will not tell you this when he comes, Texas Towers passed along no heads up, and the packet from Universal Tower is only opened 99% of the time after the driver leaves. I am fairly conservative and must say that given how hard tower sections are, it never occured to me to request the  driver in the -running- truck to share 20 or 30 minutes with me while I read through this attached paperwork, unwrap and separate the tower sections, examine all the welds and look for bends.

So yeah, NOW I know and will never forget but some small word up front really would have helped. Even given this, you have to wonder why an item as hard as a tower has to get pranged along the way and the buyer will be subjected to 2X delivery times for the return.

I'll post to the group when I hear from either of the companies.


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KI4SDY
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Posts: 1452




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« Reply #11 on: August 30, 2010, 05:54:20 AM »

From my previous experience, you won't get very far with the Better Business Bureau. They will have you writing ping pong letters back and forth for months in dispute, until you realize they have no power or authority to do anything and will not take any membership action against the offender. I would say your biggest target for liability is the trucking company, not the tower maker anyway. Undecided

If you don't get anywhere with the credit card company or small claims court, you might list both companies on Ripoff Report.Com, along with your description of what happened. Let both of them know that you posted a complaint there for the whole world to see. Sometimes, that gets results. Wink

If all that fails, start looking for two good trees that are close together! It will probably take you 15 minutes to fix the problem. Grin
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W4VR
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« Reply #12 on: August 30, 2010, 10:52:22 AM »

You really have to work with the vendor on this one.  If only one section is bad and it was wrapped in such a way that the damage was not obvious at delivery they should send you a new one.  Then, there's the credit card...file a complaint with the credit card company if that's how you paid for it and don't get anywhere with the vendor.  Otherwise you're SOL.  I tried using the Better Business Bureau once to get a crooked vendor on notice, but that was so political I don't have much faith in the bureau.
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KE4DRN
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Posts: 3734




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« Reply #13 on: August 30, 2010, 06:04:44 PM »

hi,

You must notify the seller and the carrier in writing about the concealed damage.

It is a proven fact that the discovery of hidden or concealed damages within 15 days of delivery is normally considered as the damage being discovered and properly reported at the time of delivery. However, it is also a proven fact that it is far more difficult to collect on concealed damage claims as the time of discovery and notification passes beyond the 15th day after delivery.

73 james
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KD4LLA
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Posts: 465




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« Reply #14 on: August 30, 2010, 06:42:33 PM »

I would not pay you for damages either.  The driver expected you to inspect and YOU did not!  When you sign the BoL you saying you inspected for damages.  If you are lucky, and, provided you used a credit card you might be able to get some satisfaction.

I drove truck for years, made deliveries, picked up freight.  I inspected every bit "I" picked up.  Occasionally shipping companies make mistakes -- I found ice cream (Ben & Jerry's) in a reefer trailer once after making a delivery -- my paperwork said the trailer was a "+40 deg" instead of "freeze".  Went right to the Terminal Manager when I got in.

Like I tell my kids, not everything gets taught in high school.

Mike
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