PDA

View Full Version : Bike damaged during shipment and seller did not get insurance

brandontx
09-20-2010, 07:50 PM
I was wondering what my options are if I ordered a bike and my insurance did not go into effect until after it arrived. Upon arrival it has $2,500 worth of damage and the seller did not buy shipping insurance. I filed a claim with the shipping company and they sent me a check for $30 stating that was the extent of their liability according to their agreement with the seller. Do I have any recourse with the seller or am I screwed because I did not specifically ask for shipping insurance nor did I have insurance on it until after it arrived. The shipping company sent out an inspector and the inspector noted damaged packaging. Why would they bother sending out an inspector if their liability is only $30.
bumblebee
09-20-2010, 08:42 PM
I would want to know more about the agreement with the seller.
Have you paid for the bike in advance?
Is it too late to refuse shipment?
Sucks mang...
wackjum
09-20-2010, 10:39 PM
This is a contract issue. You will have to take a look at the contract or any other documents that govern this transaction.

The operating term(s) you are looking for is "FOB" which stands for Freight On Board. If there are words like "FOB shipping point" or "FOB origin," that means that the buyer took responsibility for the shipment upon leaving the seller's premises. "FOB destination" means that the seller takes responsibility for the item until it reaches the buyer.

One big indicator is who paid shipping costs. Although this is not always controlling, generally the person who paid shipping costs will end up being the party who took responsibility of the item during shipment.
brandontx
09-21-2010, 09:00 AM
I gave them a check for the bike and shipping and they then sent me a damaged bike. Probably just have to settle this one the old fashioned way.
DvlRacer
09-21-2010, 09:07 AM
http://www.planebuzz.com/duel.jpg
brandontx
09-22-2010, 10:14 AM
http://www.planebuzz.com/duel.jpg

EXACTLY
DvlRacer
09-22-2010, 10:18 AM
LoL, good luck getting it fixed up bro
gtdrivr
09-23-2010, 07:10 AM
Where is the company located? If you file suit here, they would have to pay for someone to represent them here, or face default judgement. (not sure if you have jurisdiction on this one in order to file here, though) That may force their hand. Pay you $2000-2500 for damages v. pay attorney possibly $3500-5000 to appear on their behalf.
MudBug
09-23-2010, 08:30 AM
Cancel the check and tell the assclown you bought it from to come and get it.
H2447INTX
09-23-2010, 08:55 AM
^^^^^^^^^^^^^^^^^^^^^^

im with mudbug
babymilo36
09-23-2010, 08:56 AM
Cancel the check and tell the assclown you bought it from to come and get it.

make sure to call him an assclown too, it shows your anger and how serious you are about the situation
cogs69
09-23-2010, 09:01 AM
Cancel the check and tell the assclown you bought it from to come and get it.

:notworthy: I'm sure he made sure it cleared prior to shipping, but if this would work, that would be perfect.

I know I wouldn't ship something that big without it clearing first.
wackjum
09-23-2010, 11:43 AM
So there was no contract in this case? Did you buy from a person or a business?