Cliff Rohrabacher, Esq.
¿ªÔÆÌåÓýThis is? a little late? for this? buyer. Accepting the damaged? goods is far preferable to refusing.? Refusing can add costs to quarrel about (storage & handling) and the item can be further damaged? which would be more to? quarrel about.? Endorse the bill of lading and add a clause indicating that the packaging was damaged and acceptance is reserved until inspection.? Take pictures. Refusing doesn't do a better job of preserving your rights.? You
rights as a purchaser may be readily vindicated by the seller but
if the seller is uncooperative? you will end up having to
litigate. I always recommend that the purchaser acquire a Performance Bond in the form of Cargo Insurance from their homeowners' insurance company at the time of making the order. You can get it in the form of a temporary rider. The UCC places liability? for risk of loss? on the? buyer,? in
the absentee of a breech where goods are to be delivered to a
specific location. But? retailers almost never? apply this reading
of the UCC? to end use retail consumers. This is because the
players are not operating from the same playing? level.
I don't recall the terms used in my purchase agreement.? Read
it.? It will probably? cover the whole risk of loss thing.? If it
does and it differs from the UCC? then the agreement controls.
It is not been my experience that Felder is overly warm, to the
idea of? taking responsibility? for things they do wrong. By way of example When I bought my RL160 the documentation? expressly? stated that
the upstream protection was not to exceed? 20 amps.? So my
electrician wired it in accordingly and all it did was blow fuses.
I was steamed, the motor needs? a lot more inrush current to get started under? full load.? I wanted Felder to? pay the additional to have the old? wiring pulled and new laid. They had some guy who must have been a used car salesman to
gas-light me for a couple weeks? probably? intending that he would
be able to frustrate me to the point of abandoning my claim. My offer was to sue them but not? according to the agreement. I
was going to being them into NJ state court and ask the court to
reform the contractual terms? voiding their choice of laws and
choice of? venue clauses? which if? I succeeded would put them at
risk of being sued in all the various states in the nation instead
of forcing all litigants to go to Delaware.? I did not know if I'd
succeed but the Courts in my state? have been changing? rather
drastically and may have gone along. it'd have been way worse for
Felder hf that happened? than them paying a few? hundred for my
electrician. This process took weeks as I recall and it was infuriating. Avoid the possibility of all that crap by purchasing insurance.
On 1/4/22 9:30 PM, scottshimmin via
groups.io wrote:
So, after 9 months of waiting, my new K700S is delivered to the local shipping terminal.? I went to pick it up today, and found the box with the sliding table had half of the crating missing and looked like it had been dragged around a parking lot somewhere.? I am so disappointed and frustrated.? Has anyone had a similar experience, and if so, how do I go about getting a new sliding table for the saw?? This is my first time receiving a large shipment, and I have no experience dealing with such an issue.? I did mark the carrier form with the damage and was provided an exception number (whatever that is). |