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!!!!! Forward AIR dropped my engine

/forums/images/graemlins/angryfire.gif /forums/images/graemlins/angryfire.gif /forums/images/graemlins/angryfire.gif /forums/images/graemlins/angryfire.gif /forums/images/graemlins/angryfire.gif /forums/images/graemlins/angryfire.gif /forums/images/graemlins/angryfire.gif I just spoke with the LOVELY customer service/claims and there telling me since there was no value declared for this merchandise that all they can do is give me 50 cents per pound ( 233$) That would pay for the Mechanic to look at it then I gotta replace what evers wrong. Thats just not fair at all thats very unprofessional for a company which is claiming fault /forums/images/graemlins/angryfire.gif /forums/images/graemlins/angryfire.gif /forums/images/graemlins/angryfire.gif /forums/images/graemlins/angryfire.gif
 
If you paid by credit card, you have some other alternatives. Keep in mind that you can contest charges on your credit card if there is a problem with the merchandise. I would contest the charge of the motor itself in order to give you some time and perhaps whomever you bought the engine from will put pressure on the dorks who dropped your engine.

You can also take them to small claims court (the limit in most jurisdictions is $5000.00). It costs you very little money to file a claim and you represent yourself w/ a couple statements from a witness or two. When you get to this stage, you are entitled to "damages" as well. This course of action often results in an out of court settlement when they find out that you are serious and they are at fault.

DO NOT LET THEM BUFFALO YOU into accepting less than you are due. DO NOT ACCEPT ANY PARTIAL PAYMENTS OR SETTLEMENTS.

If you make it all or nothing, you will get it all.

Keep us posted.

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They were saying at some point that there covered under some federal law for only 50 cents per pound when a shipment has no DECLARED value (bunch of crap if you ask me) but Im in the Military and have free lawyers *JAG* (hey wonder if I'll get a Kathrn looking girl hehehe)
 
Don't get your hopes up about the military lawyers helping you out. I was told they don't get involved with things like this.
 
Man that REALLY sucks...not taking sides here so dont flame me....but the shipper should have insured and stated a declared value. Its CHEAP...as in its only about $5 to insure something for a couple grand IF that. The insurance is to protect your parts/product in case of damage, no matter how it happens /forums/images/graemlins/tongue.gif That the same as UPS works and every other freigth company. In dealing with FA i have never had problems, but from the first time I did deal with them, I read the insurance part of the airbill (cant miss it) and it does say they only cover .50/100 lbs. which I thought was EXTREMELY low. Hell the company we use at work covers 25 DOLLARS per pound according to them /forums/images/graemlins/eek.gif /forums/images/graemlins/thumb.gif

Good luck though. You may be able to get him for improperly lifting your pallet...but then also...with that weight...maybe the pallet/container wasnt strong enough if the engine 'fell through'. Damn its gonna be a tough one...I hope it all works out for you though. Good luck bro/forums/images/graemlins/thumb.gif /forums/images/graemlins/tongue.gif
 
If the military won't provide you with a free lawyer, you may want to go down to the law school if you are by a university. I know that down here in Eugene, law students LOVE to pick up cases like this for the experience, and they will work for free. Not certified lawyers, but for the most part, they know more law than the average joe.
-Andrew /forums/images/graemlins/usaflag.gif
 
I'm just gettin around to seein this. I was the shipper, no one at FA asked me to declare a value on it and I never thought to ask them. Now I need to figure out how to get the shipping fee back. The way they were handlin it here in Denver they looked like pro's to me. I'll try and get ahold of you later today Spence.
Marty---
 
i had my axle shipped with FA a few weeks ago. they're real lax about how they move things around. my axle was strapped to a pallet that was too small, and secured with only one metal band....around the tie-rod /forums/images/graemlins/angryfire.gif
 
Well, you are in luck. No one else seems to realized this is the SHIPPER'S responsibility to insure items. All you have to do is tell them that your engine got to you broken- no matter how it got like that. It all goes back to Tort law, they have to provide you with the advertised product- not matter if it's an indiviual seller or what. if you didn't get what you paid for, no matter who's fault, you are entitled to either what you paid for, or the money you paid, no matter what. When Forward AIR left my package off the TRUCK, but sent the papers, and i drove 30 minutes to go pick up nothing, they did deliver it to my house- two weeks after it was supposed to arrive. Nevertheless, they were good to me.
 
my SM465/NP241 was shrink wrapped to the pallet. . . took me a good 5 minutse with a sharp knife to get it all off (15-20 layers thick /forums/images/graemlins/eek.gif )
 
Well I gotta say in the shippers defense it was secured to the pallet GRREAT!! It was not banded but had rope and was tightly secured. There can be no blame there, FA accepted the package and did not tell the shipper (Marty) that he needed to fix it. Also it solely rests in there fault cause engines just dont jump of the crates, none that Ive seen anyways. If you look at the video which I have'nt but at any angle you can see clearly that the pallet was not completely under the forks and the freight could not sustain that weight. Lets say the crate broke with the forks underneath the engine I would still have a good engine cause the forks would have caught it while it was underneath the forks. SORRY IM RANTING Again it just pisses me off Im sure it would all of you too.
 
They did have me put some cardboard on it and I had brought along the plastic. What's FA going to do now? We may want to give someone at FA this link just so they can see how many people are readin this.......
 
I doubt you can say the shipper accepts responsibility for packaging errors just by accepting the package for shipment. Ship something with UPS and try to claim they broke it. They'll stonewall you with the "you didn't package it good enough" defense.

Sure, you can take them to court, you might even win, but they are betting you won't, I'm sure.

IMO it sounds like forklift operator error. Mistakes do happen, and crates do break, but if it was raised off the ground more than necessary to move it, and/or not fully supported with the tines, that sounds like the forklift operator is at fault. Unless as was suggested, perhaps he was not properly trained, in which case it's the companies responsibility.
 
With what you said on your opinion yeager I agree to that 110% the operator is at fault there is no shipping issues
 
Is there any reason it would need to be any more than a couple of inches off the ground? Unless it happened at the moment he was loading it into the back of your truck. Just for normal transport he shouldn't have it any more off the ground than is needed to not drag it, shoud he?
-Andrew /forums/images/graemlins/usaflag.gif
 
Well if I recall he raised them way to soon before he was to put the freight in and I believe the rig started bouncing and put alot of stress on that front part that was not under the forks ding ding ding and the engine falls
 
I would bet most companies/labor agencies would consider it a safety hazard to have it off the ground more than necesary for the conditions. If it's heavy enough, it can cause the forklift to tip forward, but even if not, if it falls off, it can injure someone when it hits the ground, especially if it scatters or rolls.

Only reason I can see it being more than a few inches off the ground is when picking it off a truck, moving over uneven ground, putting it on a truck, or removing it from a stack.

Don't forget though, thats a heavy hunk of iron, and even if the thing wasn't moving, falling a foot is enough to cause some serious damage to the "soft" parts, and probably even the block itself if it hits right. I'm sure the engine didn't just fall straight down and stay put, it probably hit weird and rolled around a bit.

Even if it were 6 inches off the ground and the pallet broke, it would have done damage.

I'm not a forklift operator, but if I was, I'd make sure the tines were all the way underneath the pallet when possible, which would be the case with something as "small" as an engine.
 
Well i got the engine unloaded and the truth is all there. Broken: One perfomer series intake, both chrome valve covers, oil pan and water pump pulley...
Unknown: Crank, rods, cam well I think you get the picture
 
[ QUOTE ]
Well, you are in luck. No one else seems to realized this is the SHIPPER'S responsibility to insure items. All you have to do is tell them that your engine got to you broken- no matter how it got like that. It all goes back to Tort law, they have to provide you with the advertised product- not matter if it's an indiviual seller or what. if you didn't get what you paid for, no matter who's fault, you are entitled to either what you paid for, or the money you paid, no matter what. When Forward AIR left my package off the TRUCK, but sent the papers, and i drove 30 minutes to go pick up nothing, they did deliver it to my house- two weeks after it was supposed to arrive. Nevertheless, they were good to me.

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It all depends on the contracts FOB shipping point contracts pass all ownership liability to the buyer as soon as the seller safely delivers the item to the shipper.
This is just a sad deal, kind of makes me hate shippers -- Isn't it obvious that since no value was delared the motor is worthless /forums/images/graemlins/eek.gif
 
When I was working for Triplett ASAP hauling car parts around we never lifted a pallet with an engine or tranny more than about 6 inches or so off the floor. Plus we had to make sure the forks were under the outside edges of the item on the pallet in order to stabilize the weight. Knowing all that was part of the certifaction process necessary for us to even get a license to operate a fork lift. It sounds like you got an idiot running the lift on you. If you haven't gotten a copy of the tape yet, my bet is you never will even with a lawyers help. Most places will destroy as much evidence of their wrong doing as quickly as possible and then play dumb when you try to get reembursed for their stupidity. IF you get a copy of the tape and can't get very far with FA then I'd suggest going after the lift operator on his own. He did make the mistake and he should have to pay for it. I know that's what usually happened where I worked. I was there for 3 months and saw several guys get sued because they screwed up with the lift. The company played dumb, destroyed evidence and the customers only recourse was to go after the lift operators. Sucks but that was what I have seen happen in the past.
 
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