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BEWARE ZILLER ELECTRIC!! Nate 11-20-2006
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Posted by Neon John on November 21, 2006, 1:07 am


wrote:


>Why are you not taking it up with the carrier? They are the ones
>responsible and they have insurance to cover damaged goods. While the Ziller
>guy may have been bad mannered, he is correct. It is your responsibility to
>contact the carrier and make a claim. Some companies will go the extra mile
>to help you, but they have no obligation to do so.

As a trucker, maybe I can add some info to this.

If this was delivered by motor freight carrier (not UPS, etc), then
the freight carrier's only liability is to deliver an intact package,
that is, the outer package/wrapping/crate is undamaged. If there is
no damage to the outer package then they have no liability. Internal
damage is between the shipper and the consignee (the customer).

I almost never do LTL (less than truckload, what the drivers that drop
crates off at your back door do) but I've been to class on the
procedures. I do not have to wait around for the consignee to inspect
the internals of the shipment. In fact, I'm told not to. If the
consignee refuses to sign for the shipment, I simply write on the bill
of lading "signature refused" and send the same message on the
Qualcomm (the satellite system most trucks have nowadays).

Though the industry has been partially deregulated, many regulations
remain. According to my company, the above relationship is one of the
regulated areas so it will be the same with any motor freight carrier.
Package services like UPS and Fedex fall under different rules.
>
>That said, you should have opened the crate the same or next day. Waiting a
>week does make it more difficult to get you point across. How can you prove
>it was not banged in your garage?

Precisely. Even if he opened the crate on the spot, as long as the
outside isn't damaged, it's not the carrier's problem.

I suspect that the root of this is that Nate got on the phone and was
an officious prick and the guy at Ziller told him to FO. His whiny
all-caps subject line says loads. Speaking as a businessman, we try
not to ever have to tell a customer to FO but sometimes we run into
someone who is so unreasonable that it's better to cut bait and take
the loss.

John
---
John De Armond
See my website for my current email address
http://www.neon-john.com
Cleveland, Occupied TN
Don't let your schooling interfere with your education-Mark Twain

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Posted by RicodJour on November 21, 2006, 1:44 am


Neon John wrote:
> wrote:
>
> >Why are you not taking it up with the carrier? They are the ones
> >responsible and they have insurance to cover damaged goods. While the Ziller
> >guy may have been bad mannered, he is correct. It is your responsibility to
> >contact the carrier and make a claim. Some companies will go the extra mile
> >to help you, but they have no obligation to do so.
>
> As a trucker, maybe I can add some info to this.
>
> If this was delivered by motor freight carrier (not UPS, etc), then
> the freight carrier's only liability is to deliver an intact package,
> that is, the outer package/wrapping/crate is undamaged. If there is
> no damage to the outer package then they have no liability. Internal
> damage is between the shipper and the consignee (the customer).
>
> I almost never do LTL (less than truckload, what the drivers that drop
> crates off at your back door do) but I've been to class on the
> procedures. I do not have to wait around for the consignee to inspect
> the internals of the shipment. In fact, I'm told not to. If the
> consignee refuses to sign for the shipment, I simply write on the bill
> of lading "signature refused" and send the same message on the
> Qualcomm (the satellite system most trucks have nowadays).
>
> Though the industry has been partially deregulated, many regulations
> remain. According to my company, the above relationship is one of the
> regulated areas so it will be the same with any motor freight carrier.
> Package services like UPS and Fedex fall under different rules.
> >
> >That said, you should have opened the crate the same or next day. Waiting a
> >week does make it more difficult to get you point across. How can you prove
> >it was not banged in your garage?
>
> Precisely. Even if he opened the crate on the spot, as long as the
> outside isn't damaged, it's not the carrier's problem.
>
> I suspect that the root of this is that Nate got on the phone and was
> an officious prick and the guy at Ziller told him to FO. His whiny
> all-caps subject line says loads. Speaking as a businessman, we try
> not to ever have to tell a customer to FO but sometimes we run into
> someone who is so unreasonable that it's better to cut bait and take
> the loss.

Thanks for the perspective from the other side of the lift gate, John.
It sounds as if each particular trucking company has some latitude in
how they handle delivery. In my experience I've never had a trucker
refuse to wait and split without getting a signature. I assumed that
they couldn't do that. Then again, I've never refused to sign unless I
found. You make it sound cut and dried about determining who is
responsible for the damage based on the exterior of the package. Maybe
it is, but I've had times where it was unclear whether the package got
damaged and then the contents, and other times the contents were packed
poorly and damaged the packaging. That must be a frustrating
experience - attempting to deliver a damaged shipment that you _know_
is going to be refused. I always considered the signature a bit of a
formality anyway, because no identification is required and the
signatures are frequently scrawled, so I guess that would take some of
the starch out of the formality.

Maybe I never had a guy leave without a signature because I respect the
time pressure the driver (or anyone working for a living) is under, so
I hustle to make it a quick but thorough inspection. If I have to pop
open a crate, I won't let the driver's schedule push me to accept
something that I shouldn't. It's my money on the line and I have far
more to lose than a few minutes of the driver's time. If I feel it
took me longer to inspect than it should have I'll drop some cash on
the driver - and I've never gotten anything other than a thank you.

R


Posted by Neon John on November 21, 2006, 5:23 pm


wrote:


>Thanks for the perspective from the other side of the lift gate, John.

You're most welcome.

>It sounds as if each particular trucking company has some latitude in
>how they handle delivery. In my experience I've never had a trucker
>refuse to wait and split without getting a signature. I assumed that
>they couldn't do that.

A driver can leave without a signature. Unless there are other means
of delivery verification such as UPS's barcode readers, it can become
a "he said, she said" situation. We try not to do that if at all
possible. Speaking only for myself, of course, I go out of my way to
satisfy customers. That's where repeat business comes from, after
all. OTOH, there is always that one customer who cannot be pleased
and who can spoil a whole week.

A major factor on the patience level of the driver is his quota and
his pay method. Many (most? Not terribly familiar with that side)
"City" drivers are paid hourly or on salary. Over-the-road drivers
like myself are paid by the mile. We don't get paid while sitting
still. Fortunately we OTR drivers rarely have to do "CITY" work. The
only time I've had to do it was when the company just flat didn't have
any freight were I was and offered me a day of city work. It's an
ill-fit because OTR trailers don't have lift gates, hand carts and the
like.

>Maybe I never had a guy leave without a signature because I respect the
>time pressure the driver (or anyone working for a living) is under, so
>I hustle to make it a quick but thorough inspection. If I have to pop
>open a crate, I won't let the driver's schedule push me to accept
>something that I shouldn't. It's my money on the line and I have far
>more to lose than a few minutes of the driver's time. If I feel it
>took me longer to inspect than it should have I'll drop some cash on
>the driver - and I've never gotten anything other than a thank you.

A few years ago I bought a hotrod electric scooter from a company who
shall remain un-named cuz they eventually made things right. It came
packaged in a sturdy plywood crate - but was held down inside the
crate with friggin' lawn chair webbing! Of course the webbing broke
forthwith and the scooter bounced around, spoiling the paint, breaking
the throttle pot and a few other minor items.

The LTL company who delivered the thing said (correctly) "Crate is
intact, not our problem." I don't know if the shipper had insurance
or if they ate the loss. In any event, I emailed photos of the damage
and they replaced the damaged parts and refunded me enough money to
get the thing painted.

John
---
John De Armond
See my website for my current email address
http://www.neon-john.com
Cleveland, Occupied TN
Don't let your schooling interfere with your education-Mark Twain

Posted by Vaughn Simon on November 20, 2006, 3:28 pm



>
> I honestly wouldn't expect anyone to completely unpack a 500 lb
> generator while the shipper is sitting in the driveway but that's
> Ziller's stance. I'm in the process of taking this up with both my
> credit card company and Generac so we'll see what happens.

File a concealed damage claim with the shipping company. You are correct,
no shipper has time to stand there while you open and inspect every shipment.
Concealed damage claims are a normal thing. That said, If you did not buy extra
insurance, the shipper may have very limited liability in the matter.

Vaughn


>



Posted by dpb on November 20, 2006, 3:53 pm



Nate wrote:
> I recently purchased a 16KW aluminum generator from Ziller Electric. I
> came home from work to meet the shipper and inspected the package...
> cardboard, pallet, etc all looked fine. We carefully placed the pallet
> in my garage and I returned to work. About a week later I decided to
> do an inventory in order to make plans for installation. After lifting
> the cardboard cover and inspecting the internals, I walk to the rear
> and find that the rear panel is pushed in exactly where the flex
> conduit is stored during shipment. Something obviously pushed on the
> rear of the unit and dented the panel and two of the air louvers.
>
> I called Ziller twice and left voicemail both times....
>
> I honestly wouldn't expect anyone to completely unpack a 500 lb
> generator while the shipper is sitting in the driveway but that's
> Ziller's stance. I'm in the process of taking this up with both my
> credit card company and Generac so we'll see what happens.

You're barking up the wrong tree here. It's the shipper you should
file the claim against and you _certainly_ should have looked long
before a week went by. Unfortunately, by not noting on the ticket the
inspection was external crate condition only, you _may_ have some
difficulty in making the claim for hidden damages, but that's still
what you must do. And, again, by having waited for over a week by now,
you certainly haven't made your chances of getting satisfaction any
better.

Whatever, it _isn't_ Ziller's responsibility although it is nice when a
vendor does go the extra mile to file the freight damage claim for you
as many will. I don't know who Ziller is, but I'm guessing it may have
been a case of you found the cheapest internet source you could find
and now are surprised they aren't the most helpful in service. There's
usually a reason for a vendor who is cheaper than some alternatives
being that way...


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