CurtPalme.com Home Theater Forum

**Curt Palme**

.... sign ANY waybill before opening the shipment of any projector (or anything else) without examining the contents CAREFULLY.

I've got this 2 year old ongoing lawsuit with Canadian Freightways, and am about to file another one in Wa state courts next week over a smashed projector, this one a G90.

Both damage claims were denied because the 'receiver signed for the shipment as having been received in good order'.

Canadian Freightways had the balls to say in court that their drivers are not on a schedule, if it takes 3 hours to inspect the shipment, that's fine with them.

Funny, it says on the back of the CF waybill that you have 60 days to file a claim.

I'm seeing red, and I'm ready to sue sue sue.

So.. again... NEVER sign a waybill until you've opened the shipment and inspected it. Hell, demand an extension cord at the truck dock so you can plug your projector in.

I'm soooo pissed!

zaphod · Joined: 16 Jun 2006 Posts: 2002 Location: Cloverdale

i have a habit of penning in "pending final inspection" or some such when i sign for large electronics such as that.

**Curt Palme** · Posted: Thu Feb 09, 2012 3:07 pm Post subject:

Yeah thanks, hindsight being 20/20 et al... Smile

HaydnG90 · Joined: 22 May 2006 Posts: 1356

Jeremy112 · Joined: 28 Sep 2006 Posts: 2649 Location: Fond du Lac, WI

HogPilot · Posted: Thu Feb 09, 2012 4:29 pm Post subject:

I just took delivery of my new Carada CIH Masquerade. In the signature block it said "above shipment received in good order except where noted" - I signed and wrote directly below "PACKAGE NOT INSPECTED". I should probably get in the habit of doing this based on your stories, Curt. It's sad to see a company writhe their way out of their responsibility to do what is morally right because of a legal loophole.

dvh99 · Joined: 25 Dec 2009 Posts: 2158 Location: nederland

what if the shipping company doesn`t allow you to inspect?
if something is damaged then it`s your word against them though i have a feeling a judge will always choose the side of the recipient.

i will remember the package not inspected!

HaydnG90 · Joined: 22 May 2006 Posts: 1356

tanwn · Joined: 26 Dec 2006 Posts: 104

And how would the delivery company know that the projector being shipped wasn't spoilt in the first place? It's your word against theirs. Anyone could have shipped a CRT with non working quad, splitter etc etc. my 2 cents

Nashou66 · Joined: 12 Jan 2007 Posts: 16171 Location: West Seneca NY

**Curt Palme** · Posted: Thu Feb 09, 2012 8:12 pm Post subject:

Nah, the G90s have far thicker glass overall, esp on the neck, and they only have a CRT socket on the back, the video amp is mounted to the chassis.

In both cases it looks like a forklift tine went right through the box and impacted the chassis. That leaves a tiny (relatively speaking) mark on the side of the box that looks innocent enough.

I have another settlement conference with CF at the end of March. This is about the 6th time in court, $6K at least in legal fees by CF when the claim was only for $3500. It will be intersting this time around, as the last email I got from CF mid summer was 'I've forwarded this to my manager, I'll get back to you ASAP'.

I'm stiiiiiiiiiiilllllllllllllllll waiting!!!!!!!!!

I've refrained from sending back a completely snarky (and outright rude) email to the 'customer service' beeeyoth, as I'm sure that email would end up in court too.

I'm just sooo tired of pencil pushers and complacency...

Matrix · Joined: 06 Sep 2006 Posts: 123 Location: Indianapolis, IN

Feel your pain Curt. Good luck with the claim. Not to hijack your thread but yesterday I went to the Pak Mail Store to drop off a UPS RA to Dish Network. On the sidewalk outside the store was a very large very heavy cardboard box on a wood shipping skid with a advertisement. The Pak Mail store will deliver the box and skid to your home, you fill it up to a weight limit of 600 lbs and they will come back pick it up, band it and ship it. The box would hold a G90. Don't know who they use for shipping or the cost.

HaydnG90 · Joined: 22 May 2006 Posts: 1356

Dave Lister · Posted: Fri Feb 10, 2012 11:44 am Post subject:

Send them a commercial affidavit with the details explained and your demands, give them 14 days to respond, non response is acceptance and your affidavit stands as the truth, send them a reminder one with another 14 days to respond (not necessary but shows more honour on your part for giving them more opportunities to settle) , then after no response send them a notice of default and opportunity to cure giving them 14 days to pay up, after they don't comply with your demands send them a notice of summary judgement, that holds more weight than any judges decision, you can them present that in court if you want and the judge will have no option but to order them to pay up or you could not bother with court and go straight for the commercial lien and then notify every credit reporting agency of your registered lien against them and see how they then give you payment quickly so the lien is discharged and the black mark gets removed.

They won't like not being able to get business loans or credit from any of their creditors while that black mark remains due to your lien.