Legal Question in Business Law in Texas

Shipping damages that were not seen at delivery

We recently received a large piece of industrial equipment via motor freight. The crate was intact, but the pallet that it rested on had some obvious damage. We told the driver that we were skeptical of the contents, but he asked if we could off load the unit and remove the crate to give the equipment a visual inspection before we refused the shipment. I agreed to do this. Once the crate was removed I could see no obvious damage, so we did not note anything on the delivery document.

Upon further inspection we found damages that could not be seen until the unit was fully unpacked.

The freight company has sent us a letter stating that since I did not any possible damages to the shipment, they will not be held responsible for the damages.

What can I do now?


Asked on 1/13/05, 8:36 am

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Shipping damages that were not seen at delivery

Is it the sort of damage that could have occured at the shipper's facility, rather than by the carrier? If not, then you may have to sue the carrier for the damage. See if the value was insured, or whether the carrier's limit is $0.50 per pound.

Don't wait too long, because there's a short time within which you can sue for damage to goods.

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Answered on 1/13/05, 9:08 am

Re: Shipping damages that were not seen at delivery

Check your sales contrac. Does it specify F.O.B. terms (Free On Board)?

www.andrewtraub.com

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Answered on 1/13/05, 11:12 am


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