Legal Question in Business Law in California
Shipper Liability
Our business purchased a used piece of equipment from a company and sent them a check for the item. They were to ship the equipment to us. The cost of the item was over 8,000 (this includes the 2,500 he charged to ship it).The shipper used a trucking company and did not insure the item with extra insurance. The equipment arrived from the trucking company and was severely damaged. We did not accept the item and sent it back to the shipper but he will not take it back from the trucking company either nor give us our money back. The trucking company only wants to pay 3 cents a lb. as he did not insure the item and it was used.
Who is liable for this? He wants us to deal with the trucking company but shouldn't he as the shipper do this?
Thank you
2 Answers from Attorneys
Re: Shipper Liability
I dont know. I would want to see the documents, if any, or hear more about telephone calls to determine when title transferred, who was legally responsible for the shipper etc.
JOEL SELIK
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Re: Shipper Liability
It definitely sounds as if the trucker was the agent of the shipper and, as such, the shipper would be responsible for any damage caused by the shipping company, unless your agreement for sale, provided differently.
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