• Advertise with us
Blog entry by Delta356 posted 06-03-2013 09:49 PM 6021 reads 0 times favorited 28 comments Add to Favorites Watch

Hi all. This is a PUBLIC NOTICE to all my fellow woodworkers here on Lumber jocks.
Do not ship with ROADRUNNER TRANSPORTATION, USHIP SHIP SERVICES, OR FREIGHTCOM… They will leave you hanging out to dry if your item is damaged in shipping. Attached are photos of a DELTA 15” PLANER I bought from a guy in VA. Look at it before shipping, and then look at how it arrived at my shop. This planer was in a crate strapped down, and on one pallet. I got it in pieces dented up, broken handles, totaled motor, motor cover dented, all switch system damaged, and on two pallets, with the planer head on its side leaking oil… The list goes on.. The seller and I tried for three months, and I got a claim check for $32.50…They did a total of $1,039 in damage. These companies hide behind there polices they make… Thats the USA, a backwards CAPITALISTIC nation, even if Americans are getting screwed. Anyways if any of you LJ are wanting to ship something, I would go with a company that is well known. UPS, Fedex. Yellow Freight. Even if RRT seems cheaper, pay more to make sure the item gets form point A to point B safe. I learned my lesson, so I hope you all don’t have to go through this. I’m 19 years old running my own woodworking business. Not fun to have to go through.

 photo IMG_2149_zps82ff82cd.png

 photo IMG_2148_zpsc46bf568.png

 photo DSC04997_zps4a313432.jpg

 photo DSC04995_zpsb4e75819.jpg

 photo DSC05000_zpsb9f9291d.jpg

 photo IMG_2884_zps9ed94acf.jpg

 photo IMG_2904_zps38487d02.jpg

 photo IMG_2869_zpsb078c6a5.jpg

One thing I will point out, There were three parties involved in this shipment. UShip. Bidding process. The total shipping came out to $342.00. They took 80.00. The broker FREIGHTCOM took $220.00 and RRT took $60.00
See how it works…. The worst part FREIGHTCOM is not even a USA company, there located in Canada. And they took the biggest percentage.

If any of you have gone through this please share. Everyone share your feeling’s on this.
Thanks for reading.

Take Care, Michael Frey
Portland, OR

28 comments so far

View whitebeast88's profile


4128 posts in 3156 days

#1 posted 06-03-2013 10:13 PM

sorry for your misfortune.thanks for the heads up.

-- Marty.Athens,AL

View rhett's profile


743 posts in 4633 days

#2 posted 06-04-2013 12:01 AM

Man that sucks. Hopefully it hasn’t hampered your business too bad.

Hindsight is 20/20, so this is more for the select readers who will inevitably deal with this same problem.

In freight dealings, which will be unavoidable if you need machinery, DO NOT let them take it off the truck if major damage is evident. No matter how excited you are to have that new tool.

You should have contacted a lawyer, that is absolutely ridiculous. It was not in the original packaging, which by all accounts, is proof of mishandling.

Be Good

-- Doubt kills more dreams than failure.

View Bogeyguy's profile


548 posts in 3034 days

#3 posted 06-04-2013 12:27 AM

Why did you accept the shipment? It’s obvious there was visible damage. That should have raised a red flag.

-- Art, Pittsburgh.

View DeputyDawg's profile


196 posts in 4931 days

#4 posted 06-04-2013 12:32 AM

I used to be a regional VP of a Major DOT Regulated trucking company. And The U S Department of transportation is who you need to get ahold of. I don’t off the top of my head know or remember who and which department to contact but contacting the DOT you should be able to get help. Make sure you have all the paper work plus all the dates and pictures. They should send out an inspector to investigate.
Dennis Mitchell
[email protected]

-- DeputyDawg

View gfadvm's profile


14940 posts in 3656 days

#5 posted 06-04-2013 12:52 AM

I agree 100% with Dennis. You need to pursue recourse. You have been treated very badly and someone needs to make it right. Keep us posted.

-- " I'll try to be nicer, if you'll try to be smarter" gfadvm

View Delta356's profile


463 posts in 3820 days

#6 posted 06-04-2013 02:38 AM

Rhett.. For me to file a claim, I had to accept the shipment. Also this machine was discontinued a year ago, and no way to get another one.

Thanks, Michael Frey
Portland, OR

View Delta356's profile


463 posts in 3820 days

#7 posted 06-04-2013 02:40 AM

Bogeyguy. It did raise a red flag, This was used machinery, and Delta stopped making this machine. Also either way the claim money would of gone to replace the parts.

Thanks, Michael Frey
Portland, OR

View Delta356's profile


463 posts in 3820 days

#8 posted 06-04-2013 02:49 AM

DeputyDawg. The seller got in contact with DOT. The bottom line is RRT has a policy, that only 10 cents is awarded to used equipment.. Thats there hide behind policy. ITs sucks… What happened to right and wrong. Weather used or not, they damaged it, they should pay for the damage. Thats how I was brought up…

I will contact the seller and see if we he wants to deal with DOT.. This machine has been sitting for three months now. I’m tired of waiting.

Thanks, Michael Frey
Portland, OR

View Delta356's profile


463 posts in 3820 days

#9 posted 06-04-2013 02:53 AM

At the start I was thinking of suing, but the time and money I would spend, would not be worth it, for what I paid for the machine. I would have to travel to Virgina..

Thanks, Michael Frey
Portland, OR

View knothead's profile


163 posts in 4914 days

#10 posted 06-04-2013 03:21 PM

As it happens I work for a major shipping company – not this one. I have seen this more than I care to see….....An item like this that is very top heavy on a stamped steel base should have been separated and shipped on a pallet or in a crate with the cast iron parts upright and ON the pallet. If you purchased this new it would ship that way to protect it in transit. The shipping company should have asked the shipper to package it better or offer additional insurance provided it was visible to them at the time of shipment. I know if our agents can actually see an item that is not packaged well enough to make the trip they can and will advise the shipper to repackage the item, but they can’t make them comply unless the shipment is hazardous.

This looks as though it tipped over in transit because it is terribly top heavy as pictured and was damaged. There is not much even a bottom feeder shipping company can do to protect a poorly packaged item. It should have been packaged properly or been insured. Since the shipping company has no way of actually seeing what is in a package they have basic insurance of $0.x cents per pound for damage liability unless additional insurance is purchased.

You will never get anywhere with this one as the problem originated with the shipper and not the carrier. Sorry but that’s how it works. and sorry for your loss. I wish I had such a nice planer in my shop

-- So Much Wood - So Little Time! --

View AUBrian's profile


86 posts in 3637 days

#11 posted 06-04-2013 04:13 PM

I know you think suing would be a waste of money, but in most states, you can file in small claims court for around $60 or so, and that’s all it will cost you. Your pictures will tell the rest of the story. They can make up all the policies they want. Leave it up to the court to decide if they should be allowed to enforce them…

View DJ3's profile


5 posts in 2783 days

#12 posted 06-04-2013 05:16 PM

IF the shipping company told you that you had to accept the shipment in order to file a damage notice, then they created a contract with you to handle the damange. It IS that simple. The agreement was sign for it and we will take care of it. As long as you attempted to refuse acceptnce it created a contract (or you would not have signed for it at alll and they would be responsible to the shipper. I was a packaging engineer in industry. INdustrial equipment is regularluy open pallet strapped and delivered int eh manner that I see your product on its skids.
A. Regardless of what our friend said in th abive paragraphs…the transport company should have refused the shipment if it was not packaged to assure safe delivery.
B. If the mortor was laying down like this on the pallet, there is NO WAY that the center of gravity would allow tilting.
C. The CG of the castings and cabintery on the pallet do not seem as issue either,
There are several ways around this since htey are failing to take responsibility.
D. The damage shown is the standard damage for
1. forklifts used without care
2. dropping from the loading dock or truck
3. impact from other cargo
4. improper loading in the cargo space (bottom loading of top load only product)
5. Improper tie down within the cargo truck or trailer
6. IMPACT DAMAGE….this is not normal damage for any carrier of any kind.
D. Recind the delivery!!! even a closing on a house can be recinded and reversed after all signature and escrow is finished!!! Notify the carrier that they informed you that they would cover the damage after you placed a claim, and that they insisted that you MUST accept the shipment in order to file the claim.
1. Tell them that you have picures at delivery and that the damage was obviously due to careless handling and impact of soome kind. (in writing certified delivery)
2. Give them 7 days to come and pick this product up as undelivered…they have failed to meet the terms of contract and committed fraud in the contract made at delivery….that the damage would be paid for upon filing a claim
3. Alternately, that they may refund the entire purchase price, taxes, and shipping costs within 7 days of yoru letter. Specify the exact amount for EACH ..including any bidding fees etc…copies of all invoices attached etc.
E. Meanwhile, get pics of product packaged by teh shipper (seller) to you if available.
F. Have the shipper (seller) write a statement as to any conversations or issues mentioned by teh carrier.
G. This is important…...Write an affidavit under penalty of perjury in accordance with your states laws… will be notarized. You are to include only facts..not opinions…you will make statements about every conversation and action..dates, times …from purchase to delivery to denial of claim..include names of parties etc. This prepares you for legal action and is a legal memorialization of fact. It is considered fact and truth by virtually every court in the US, unless other PROOF can be found in opposition.
H. if after 7 days from delivery and another say..5 to assure response by mail…you have not recived a response in writing then be ready to file in small claims court. If verbal communication happens memorialize it immeidately with nortes namses and dates….
I. Remember that REGARDLESS of what they tell you, you have the right to file any action in the court where YOU RESIDE….not where they do business….you did buisiness from your location and the delivered to your location..this creates jurisdiction…be sure and state this in your suit…that they did business here and you live here and work here. state that this creates jurisdiction. (If later they claim that their contract states otherwise you can fight that easily…it was NOT a negotiated contract..t was “taKe it or leave it” and the clause itself is unconscionable…the court will most likely instantly reverse the clause by a motion from you as unconscionable and not negotiated and self serving by them.
J. Remember that if this is under say….3 or 5K in total cost it will NOT be worht them fighting it at all! they can not answer at all in your state (most likely) without an attorney. If you purchaed as a company you will probably need attorney as well
K. be sure and file your affidavits (and those of the seller/shipper) along with all pictures etc with the suit.
L. be sure and ask for all costs, losses, and any other recovery allowed by law or by the inherent power of the court…this means the judge can do what he beleives is JUST in HIS court..not just what the law allows!!!

I am not an attorney, this is not legal advice…so take it how you wish. However, whether you are trying to get reimbursed or having to sue…you need to handle it in the same manner..making legal demand and creating the proper paper trail and proofs etc.

By the way, thier policy regarding recovery for used equipment…if not fully disclosed in advance and signed by YOU then it does not exist…be sure and state any terms of shipping and anything that the carrier or agents discussed, said or promised …..including any expectations you made clear….such a delivery in good condition…and value stated etc….I am sure that you stated a value to them at time of shipment..this created part of the cost of shipping and the value for loss….unless they stated otherwise in writing before hand to YOU.

Set up for a legal fight and maybe you wont have to have one.

-- DJ3

View DJ3's profile


5 posts in 2783 days

#13 posted 06-04-2013 05:26 PM

Forgot to say…most of the time for under 3 to 5 K they will not even answer the suit, you win by default …part of the reason is that they have no asset in your state, they dont care!!!!! then after you get the award for loss and costs you will send copies to the county of each party you sued and ask the courts there to enforce the judgment for you, sieze accounts etc. takes a while ..but the good part is that you can go online and chat in blogs about shippers ..and tell everyone you won a suit aginst them and why…

Be careful to tell facts..not opinion on the web…you could be sued for defamation!

Speaking if siezing accounts…make sure you know the account that you paid for shipping through! hopefully it was a credit card purchase…that acocunt can be used for recovery of money after your judgement….as long as there is enough in that account it can be siezed!

Also, contact your credit card company if paid by card….send copies of all to them. Ask them to reverse all charges.

-- DJ3

View Delta356's profile


463 posts in 3820 days

#14 posted 06-04-2013 05:33 PM

Seller spoke to DOT.. They said we have to sue.. Nothing they can do…

Thanks, Michael Frey
Portland, OR

View Delta356's profile


463 posts in 3820 days

#15 posted 06-04-2013 05:35 PM

One thing I will point out… I was the buyer of this item… I did not arrange shipping. I just was the one to get screwed by the shipper company choosing by USHIP services that the seller used.

Thanks, Michael Frey
Portland, OR

showing 1 through 15 of 28 comments

Have your say...

You must be signed in to post the comments.

DISCLAIMER: Any posts on LJ are posted by individuals acting in their own right and do not necessarily reflect the views of LJ. LJ will not be held liable for the actions of any user.

Latest Projects | Latest Blog Entries | Latest Forum Topics