Do you have proof that they would take care of any shipping claims?

Why did you accept the shipment? Something that large would have had to come by LTL freight, so it's not something that would have been left on your doorstep.

Just playing devil's advocate, sorry to hear about the situation.

 

My thought is that no sales person is going to say, "sure, we'll send you out a new $9000 unit - expect it tomorrow!" To me, the response that they are going to investigate with the shipping company and get back to you is acceptable for an immediate response. If the shipping company is at fault, they SHOULD be responsible for the costs. I would give the salesperson/CEO a chance to investigate the situation and respond back before gettting too worked up. If they come back to you with their answer and that's not acceptable to you, then that's a different story.

 

I think SCM is a reputable company who won't leave there customers hanging. I would start going up the ladder, possibly by asking company headquarters who you should talk to next. This is a real sad situation, please keep us informed.

 

Pictures please.

 

I feel for you. I'm always a little anxious about buying something big and heavy like a woodworking machine or air compressor that gets delivered to my house by freight truck. If there is some damage or problem everyone wants to pass the buck to someone else and it could be very expensive and/or difficult to return the item. It's very frustrating as a consumer, but I understand why the sellers/distributors do this-any additional interaction with the customer after the sale (for that sale) is likely going to cost the company and/or distributor money (time=money). I don't like it, but I understand their position. Excellent customer service does not always translate into repeat customers.

When I'm in this type of situation I try to remind myself to be courteous and respectful to anyone that I interact with related to this transaction. The problems you are experiencing are likely not their direct fault and/or they are there to try and help you or provide you with information.

Have you contacted the shipping company? If so, are they willing to do anything? What is their position on the damage and their culpability?

Did you buy directly from SCM or through a distributor? Is there a warranty on the damaged J/P?

You should document everything you have done so far and include photos in the documentation. If you decide to contact a lawyer or get the opportunity to make a plea to someone like the CEO-then having all the information documented in chronological order will help them understand what transpired.

Good luck and I'll be hoping for a positive outcome for you.

 

Sorry to read about issues?

IME - Damaged freight shipments via commercial carrier are painful.

First - Do not shoot messenger: The company selling the product damaged in transport typically has no liability on paper; Regardless of what they say. They delivered the product to the shipping company they picked, which you agreed to use when you signed the purchase contract. So the damage dispute is between you and shipping carrier.
if you signed for the damaged shipment and accepted delivery (fine print always says you inspected and found in satisfactory condition), then need to follow instructions from SCM: file a damage claim with transportation carrier!

Process to correct hidden "accidental" shipping damage is sort of like being in an automobile accident?
IE - No one wants to admit there is a problem, nor pay for the mistake, and there is lots of paperwork and delays figuring out what went wrong (while trying to avoid fraud).
So only after the trucking companies insurance has reviewed the damage/loss, determined corrective measures, and approved payment; will the equipment supplier be paid to correct the problem.

Highly suggest making a face to face visit to trucking companies local terminal for quickest turn around on a claim. Phone calls seem to fall on deaf ears, unless you are regular customer for carrier.

Best Luck.

 

The equipment needed to remain in the packaging to get it home.

The CEO did reply to me after I asked for assistance and stated that they were "not sparing any effort resolving the issue". I hope that means they are going to take care of the situation. That's all I really want to hear but they have immediately put the burden on me to work it out with the shipping company.

They are able to file a claim unlike me according to the shipping company. I immediately provided a report to the shipping company with pictures. I have stated and have supported their efforts for a claim.

We shall see.

 

If you paid on you credit card, report it to them and stop payment. Once that happens people tend to move faster towards a resolution.

 

Why on earth did you accept delivery of something that is damaged? If you get a freight delivery, you should inspect the thing six ways from Sunday to make sure it's in good shape. If it isn't, you refuse the deliver and they take it away.

If it didn't come off the truck on its side and damaged-looking, what happened in between when it did come off the truck and the picture?

 

I wasn't aware of the damage. The packaging concealed the damage.
It was only after getting it home did I unpackage it to see it on its side.
For whatever reason it was not delivered to my home and instead I had to pick it up from the distribution center at the freight company. When I discovered it was being sent to a location 2 hours away I petitioned the person sending it and was told "that's something you should have worked out with your salesperson." So I went with the flow.

Why on earth did you accept delivery of something that is damaged? If you get a freight delivery, you should inspect the thing six ways from Sunday to make sure it s in good shape. If it isn t, you refuse the deliver and they take it away.

If it didn t come off the truck on its side and damaged-looking, what happened in between when it did come off the truck and the picture?

- jonah

 

If you paid on you credit card, report it to them and stop payment. Once that happens people tend to move faster towards a resolution.

- tealetm

Exactly what I was going to suggest. If you paid via AmEx, or some other major CC, call SCM and tell them that either they make it right by yesterday or you will immediately tell the CC company to stop payment.

That'll light a fire under their butts, I guarantee you.

 

CC is now in dispute with the hope of using it as leverage towards a fair resolution.

 

Definitely an unfortunate event. But the fact that you signed for it and accepted it from the shipping company is going to making things more complicated than they should be. You should have opened it there to inspect it. Technically, I can see where you could be stuck with the damaged machine because who's to say that it happened during the initial shipping? Not saying that's the case, but SCM and the shipping company could potentially say you damaged it while hauling it two hours.

 

bndawgs, valid point.
You're not allowed to unpack items at the dock. I noted the packaging and took photos at the time of pick up. There are also laws that deal with this specific issue where the lack of unpacking doesn't make you automatically responsible for undiscovered damage.

The specific activity of re-packaging the item during shipment according to SCM tells the story of what happened.

If this were delivered to my home a lack of inspection would be a different story.

 

I wasn t aware of the damage. The packaging concealed the damage.
It was only after getting it home did I unpackage it to see it on its side.
For whatever reason it was not delivered to my home and instead I had to pick it up from the distribution center at the freight company. When I discovered it was being sent to a location 2 hours away I petitioned the person sending it and was told "that s something you should have worked out with your salesperson." So I went with the flow.
truck on its side and damaged-looking, what happened in between when it did come off the truck and the picture?

Theory: The shipper knew it wasn't right, and avoided delivery to your door knowing you'd reject it there and they'd be stuck driving it back to the warehouse. Instead, they reduced cost by having you come for it. Then you (mistakenly) signed for it and took it off their hands anyway! First laughs are theirs, but yes, they have to make it right. What a PITA.

 

If the vendor had contracted the freight company, the responsibility is on them. If you arranged the freight and paid the freight company directly, then you would need to take up the issue with the freight company.
I agree with Smitty. If the vendor had promised door to door delivery of the item, I would not have gone to pick it up. Especially since it was 2 hrs away. There will now be a question of when the item got damaged. In transport to the LTL facility, or on the way to your house.

 

Hi Paul,

SCM made all the shipping arrangements.

SCM didn't back out of door to door delivery; it was conveyed to me by SCM shipping department that I would have to go to a distant location for pickup with a too late now tone.

Due to the condition of the re-packaging there has not be any question damage occurred before I picked up the equipment. Had I recognized the equipment had been re-packaged I would not have accepted it.

If the vendor had contracted the freight company, the responsibility is on them. If you arranged the freight and paid the freight company directly, then you would need to take up the issue with the freight company.
I agree with Smitty. If the vendor had promised door to door delivery of the item, I would not have gone to pick it up. Especially since it was 2 hrs away. There will now be a question of when the item got damaged. In transport to the LTL facility, or on the way to your house.

- Hammerthumb

 

I would not have disputed the card except as a last resort, it often prompts a hostile relationship between you and the vendor. The credit card company may require all go-between to be in writing which will add weeks to a resolution. SCM could take a hardline that you received the machine in good order and it was damaged by you. And if the shipper agrees and has your signature, it will now be on you to prove that you did not damage the machine while transporting it yourself. EDIT, you posted while I was posting. It's good you got pictures and documented they rewrapped the machine, that plays in your favor.

 

Hi Rick,

The relationship went sideways when Sam, my salesperson, threatened to hang up on me when I called him out on SCM's unacceptable response to burden me with working it out with the shipping company. Only after specifically calling out the CEO to help and btw the CEO was on the previous email chains did I hear anything different than work it out with the shipping company.
BTW the security cameras at my home will show that when I unboxed the J/P it was on its side. Again SCM does not dispute that I received the equipment in a damaged state. I have ample photos showing incongruity with their stated shipping practice at the time I picked up the equipment.

 

Seems Sam , might need a moment of humility training.
email crusade. i say, sent it out, lets see an address and let him know the potential damage in sales he is or could cause by being a do….bag

 

Unfortunately there is very little you can do.
I was in a similar situation. The company knowingly shipped badly damaged equipment repackaging it in new boxes before shipping. foolishly I accepted the delivery based on the state of the packaging and was never been able to make the merchant do right.
It was expensive and I contacted a lawyer, who advise that I would easily win a lawsuit. The money to pay for the lawsuit were about $10000.
But all I would get from the lawsuit is a piece of paper that says the merchant owns me money, with no means to actually collect.
A credit card company could be of some help but they often require you to send it back for your own money.
If you are in the samestate as the merchant you can file a small court case, which is cheap , but see above.
And legally and sadly the shipping risk is on the buyer not the seller.
Did you contact the shipping company?

 

The value of the machine takes it out of small claims territory (at least in every state I've lived in). In most states, the cutoff there is ~$1000. Higher than that value and you have to file a normal lawsuit (which costs thousands of dollars for a lawyer to prepare), not a very easy small claims court suit which you can do in plain language in twenty minutes.

I'd agree that disputing the charge with the credit card company should be the last resort. I'd save that for if nothing else worked, otherwise things will escalate very quickly.

 

^^^^^
Small Claims Court Limits for the 50 States* $10,000, except that a plaintiff may not file a claim over $2,500 more than twice a year.

https://www.nolo.com/legal-encyclopedia/small-claims-suits-how-much-30031.html

 

Who or what exactly is this SCM outfit??? If you don't mind my asking…so I don't make the mistake of dealing with them…I've heard enough.

 

Do you think that Sam have any personal interest in not dealing with the issue? Usually it is the company's policy to screw the customer and get as much profits as they can now.

Reminds me of Sprint cellphone company whose every single employee seemed to have a goal to cheat you for a few more $$$

Seems Sam , might need a moment of humility training.
email crusade. i say, sent it out, lets see an address and let him know the potential damage in sales he is or could cause by being a do….bag

- Knockonit