Transport company fucked bike in transit, now seller wants money from me

[breakaway]

As in title.

I sold a motorcycle, and the buyer (Who is in Christchurch) organised transport. My job was to simply drop the bike off at the transport company after the money cleared in my account, which I did.

I get an email from the buyer today, saying he's received the bike, and feels 'lied to' etc etc. Apparently, the bike arrived with a fucked rear view mirror and a missing bar end so badly fucked that he's going to have to re-tap the screw to put a new bar end on. And he wants money from me to fix it.

I showed the dude photos of the bike before he commited to buying these, at which time bar end was securely on the bike, and the rear view mirror was in good nick (fuck, I just replaced it a week ago!) but I suppose one can make an argument saying these have been digitally altered.

What the fuck? What do I do now? I pretty much have no proof that the bike was fine asides from mine, and my mrs (who was with me at the time) word that it was good.

I never signed anything at the transport company. I simply dropped off the bike an got a slip saying I'd dropped the bike off.

I'm posting this because if I contact the transport company, I'm pretty sure they won't simply say "oh yeah we totally fucked your bike in trasnsit, sorry" and wear all the blame.

Don't want to name the company just yet.

[Bender]

Put yourself in his shoes. Then do what you would like done if you were him.

[imdying]

Given that the sellers first reaction was to question your integrity, tell him to shove it up his bum and not to contact you again.

I would however also tell him that if he's willing to apologise for that, then you'd happy to provide two witnesses as to the bikes dropped off condition, should he choose to take the carrier to the disputes tribunal over it.

[jim.cox]

As in title.

I sold a motorcycle, and the seller (Who is in Christchurch) organised transport.

Presume you mean that the buyer organised the transport

If so, they were HIS agents, and as such it is on him to sort it with them.

[Mully]

Were there pictures on the ad that you sold it on?

You probably should have got a "recieved in good order" from the trucking company - but hindsight is 20/20 of course. What's on the slip you got from the truckers??

Legally, it's either "buyer beware" (if it was damaged when you sold it) or his claim on the carrier under the Carriage of Goods Act 1979 (he had the "contract of carriage" - you weren't a party to that contract). Of course, if he's signed for it "in good order" he's fucked under the CGA

Were I in your position, I would supply him with the photos of the bike from the ad, and offer to assist wherever you can in his claim against the trucking company.

[breakaway]

Here's the full story - I put the bike on trademe (classified ad, not an auction), and didn't have photos to upload right there and then, so I said "Photos soon to come" on the listing. Before I could come home and get some photos to upload, some bloke from Christchurch rings me up keen as a bean for the bike. He makes me an acceptable offer.

He then says since he can't look at it, if I'd be okay with having the bike inspected by the local dealership. I have nothing to hide, so I say no worries, and we go get it checked out (2hrs of my own time gone) - and the check comes back all good.

He speaks to the dealership, and they tell him all the details. He then phones me, and tells me that the dealership told him the bike was mechanically sound, but there was some cosmetic damage. I offer to take photos and send to him, so he knows what he's buying, to which he readily agrees.

So I get home, take photos, send em off via email, and he calls me right away and says "Okay I'm happy with this - money will be with you tomorrow. I've organised trasnport, drop it off at Company X and they will ship it to me". These photos show intact bar end and mirror as well.

I drop off the bike at transport company the following day after making sure the money was in my account. A few days later, I got this email accusing me of being a liar and how I should compensate him for the damage.

[Ronin]

Here's the full story - I put the bike on trademe (classified ad, not an auction), and didn't have photos to upload right there and then, so I said "Photos soon to come" on the listing. Before I could come home and get some photos to upload, some bloke from Christchurch rings me up keen as a bean for the bike. He makes me an acceptable offer. He then says since he can't look at it, if I'd be okay with having the bike inspected by the local dealership. I have nothing to hide, so I say no worries, and we go get it checked out (2hrs of my own time gone) - and the check comes back all good. He speaks to the dealership, and knows his. He then phones me, and tells me that the dealership told him the bike was mechanically sound, but there was some cosmetic damage. I offer to take photos and send to him, so he knows what he's buying, to which he readily agrees.

So I get home, take photos, send em off via email, and he calls me right away and says "Okay I'm happy with this - money will be with you tomorrow. I've organised trasnport, drop it off at Company X and they will ship it to me". These photos show intact bar end and mirror as well.

I drop off the bike at transport company the following day after making sure the money was in my account. A few days later, I got this email accusing me of being a liar and how I should compensate him for the damage.

So if that is the case then I would be telling him to contact the carrier. The bike was inspected by someone independant that he organised, he ok'd the pics and the carrier hasn't noted any obvious damage when you dropped it off (which they would, if there was)

I can understand how pissed he must feel but I think he has lined up the wrong target.

[Genie]

It is buyer beware....rear view mirror....hey it got knocked off on the way. surely he can work that out for himself! He's just pissed as he new purchase didn't quite go to plan and he now wants you to sort it for him. Tell him sorry mate, when it left here it was fine. It's just one of those things and you are not obligated to pay for any repairs. It's his problem and he can sort it with the trucking company. It isn't your responsibilty to contact the trucking company at all......go have a nice cold beer and relax.

[Jonathan]

He then says since he can't look at it, if I'd be okay with having the bike inspected by the local dealership. I have nothing to hide, so I say no worries, and we go get it checked out (2hrs of my own time gone) - and the check comes back all good.


No problem then, he can call the dealership and they can tell him the mirror and bar end were all good when they checked it out right?

[yachtie10]

Just respond that the damage in question must of happened after drop off to transport company as it wasn't there when dropped off.
Just say you are happy to back that up to the transport company.

the issues is then in his court.

[Mully]

Problem solved.

His issue with his carrier.

I suspect he's signed for it clean and now can't claim on them....

[breakaway]

Yep - I've already emailed him saying there was nothing wrong with the bike when it left here, and I would be happy to help him try to get the money for damage out of the transport company.

[Lurch]

Just tell him it's his fault for being such a pussy and not riding the bike to ChCh like a real man.

[Scuba_Steve]

seems a pretty simple case, he has to get the transport company to payout (if he didnt get insurance I belive this is capped at 1500$) but its his resposibility to take it up with the transport company he has the pics of the bike before transport and the report so this should be pretty simple but no blame, resposibility or cost lies with you.

[cold comfort]

[QUOTE=breakaway;1129614910]
- "and the check comes back all good.
He speaks to the dealership, and they tell him all the details. He then phones me, and tells me that the dealership told him the bike was mechanically sound, but there was some cosmetic damage. I offer to take photos and send to him, so he knows what he's buying, to which he readily agrees.
So I get home, take photos, send em off via email, and he calls me right away and says "Okay I'm happy with this - money will be with you tomorrow. I've organised trasnport, drop it off at Company X and they will ship it to me". These photos show intact bar end and mirror as well."

As i see it it's caveat emptor (buyer beware) not to mention
(1) you have witnesses it was as stated
(2) the dealer can confirm
(3) you sent photos (which he was happy with)
(4) its his transport company
Can't see how its your problem. He just needs to get over it or talk to the mover. Bought my DR from a photo on TM. Seller reperesnted it as NZ new (it is not therefore mileage not correct). Year was wrong also but nothing i could do. Figured at the price there would be a few lies told so no point getting excited.

[ukusa]

sounds good as solved to me

[CookMySock]

I suspect he's signed for it clean and now can't claim on them....Lifes' hard little lessons are the things that shape our lives aren't they?

It's standard operating procedure to try to pin our own problems onto those who are gullible enough to open their cheque book. That's all he is doing, and that's what you should do next time you are caught as well. He is going to pretty pissed off when he realises the horrible truth, but hey we all get out share of that don't we!

Steve

[breakaway]

Ok - an update - apparnetly when the mirror arrived, it was broken and falling off, and someone has tried to glue it back on (wtf?). The bar end has broken off and totally fucked its its mounting hole too. Jesus!

[imdying]

Oh really!? Someone knows something then... as much as I'd like to know what carrier, don't name them yet... given he's enough of a dick to try and axe you over it, it wouldn't surprise me if he did it himself. Unless it's the worlds dodgiest carrier. Glue to hold a mirror back on, you'd have to be pretty fucked in the head to try that.

[unrealone]

Here's the full story - I put the bike on trademe (classified ad, not an auction), and didn't have photos to upload right there and then, so I said "Photos soon to come" on the listing. Before I could come home and get some photos to upload, some bloke from Christchurch rings me up keen as a bean for the bike. He makes me an acceptable offer.

He then says since he can't look at it, if I'd be okay with having the bike inspected by the local dealership. I have nothing to hide, so I say no worries, and we go get it checked out (2hrs of my own time gone) - and the check comes back all good.

He speaks to the dealership, and they tell him all the details. He then phones me, and tells me that the dealership told him the bike was mechanically sound, but there was some cosmetic damage. I offer to take photos and send to him, so he knows what he's buying, to which he readily agrees.

So I get home, take photos, send em off via email, and he calls me right away and says "Okay I'm happy with this - money will be with you tomorrow. I've organised trasnport, drop it off at Company X and they will ship it to me". These photos show intact bar end and mirror as well.

I drop off the bike at transport company the following day after making sure the money was in my account. A few days later, I got this email accusing me of being a liar and how I should compensate him for the damage.

Isn't it extremely obvious then? Other than for a rant (which is fine with me) why post here asking?

[steve_t]

I'm also beginning to think the bike's arrived in good condition and the buyer has dropped it cos they're a noob. Trying to scam the seller is low. Or did the buyer pull the bike out of the transport truck with the broken bits? This would be corroborated by the driver I guess

[p.dath]

So carriers are required by law to offer $1500 of limited carrier liability. Typically he must notify them within 7 days of receiving the goods.

So he should be making a claim with the carrier quick smart.

[Lucy]

I'm also beginning to think the bike's arrived in good condition and the buyer has dropped it cos they're a noob. Trying to scam the seller is low. Or did the buyer pull the bike out of the transport truck with the broken bits? This would be corroborated by the driver I guess

Unfortunately, most Kiwi wage slaves including many professional drivers, would say 'Nah, it was like that when I got it'.

[T.W.R]

So where 's the loading document that you signed when the bike was delivered to the carrier?
usually the carrier will do a visual inspection of the bike, record the condition document & sign then get the vendor to sign off the document also; vendor gets a copy.
Any damage sustained during transit or whilst in the care of the carrier is their responsibility

[Bender]

With the full facts in front of us I now agree that it's his problem. Tell him to get out his chequebook and stop snivelling.

[Mully]

So carriers are required by law to offer $1500 of limited carrier liability. Typically he must notify them within 7 days of receiving the goods.

So he should be making a claim with the carrier quick smart.

Yeah, that's what I was saying earlier. I suspect (if, in fact, the damage was done by the carrier) that he's signed the docket "in good order and condition" and now he can't claim on them under the CGA.

[Waxxa]

He organised the carrier, he needs to organise the insurance for the carrage!

[p.dath]

Yeah, that's what I was saying earlier. I suspect (if, in fact, the damage was done by the carrier) that he's signed the docket "in good order and condition" and now he can't claim on them under the CGA.

I would still make a claim. After the 7 days you have no recourse. If he makes a claim, and they initially turn it down because he signed for it as being in "good working order" he at least still has the option of taking it further (such as to the disputes tribunal).

You'd be surprised how worthless a signed bit of paper can be sometimes in a court of law.

[Mully]

I would still make a claim. After the 7 days you have no recourse. If he makes a claim, and they initially turn it down because he signed for it as being in "good working order" he at least still has the option of taking it further (such as to the disputes tribunal).

I meant he's probably already tried to claim on them - they've pointed out that he's signed it clean and now he's come back to the OP.

Sorry, I was a bit vague.


You'd be surprised how worthless a signed bit of paper can be sometimes in a court of law.

Again, presuming the carrier did the damage, I agree with you. The carrier would probably make a settlement offer if they thought it was going to go that far.

[neels]

Isn't it extremely obvious then? Other than for a rant (which is fine with me) why post here asking?
Because it might help someone else avoid the same situation?

Perhaps it could be worthwhile photographing a bike at the transport company when it's dropped off, as proof of condition and also if the company knows it's condition is recorded they might be extra careful.

The idea of signing for stuff when it's dropped of is nonsense, if you get a sealed package they want you to sign as receiving it in good condition, but they sure don't want to hang around while you open it to make sure it's not damaged.

[breakaway]

Because it might help someone else avoid the same situation?

Perhaps it could be worthwhile photographing a bike at the transport company when it's dropped off, as proof of condition and also if the company knows it's condition is recorded they might be extra careful.

Yes. This exactly.

If you're EVER going to have a bike shipped, make the person doing this shipping take a lot of photos of every corner of the bike - especially more so for bikes that haven't been damaged.

Like someone said, hindsight 20/20.

I've been corresponding with the guy to help him get this sorted out and he's calmed down now and decided to go after the carrier. I could have just told him to get fucked and left it at that, but I have no problems putting it right. And his initial reaction is understandable.

Edit: Thanks to those of you that have PMed me with advice.

[lankyman]

Presume you mean that the buyer organised the transport

If so, they were HIS agents, and as such it is on him to sort it with them.

Second that

[Swoop]

If you have taken digital photos of the bike, they should have a date/time on their file somewhere, so he can clearly see the condition at that exact time.

We look forward to finding out the carrier's details...

[bogan]

If you have taken digital photos of the bike, they should have a date/time on their file somewhere, so he can clearly see the condition at that exact time.

We look forward to finding out the carrier's details...

as someone said earlier though, it could be that the buyer dropped it and is now trying to scam the seller... so be carefully with naming the company.

[breakaway]

as someone said earlier though, it could be that the buyer dropped it and is now trying to scam the seller... so be carefully with naming the company.

While unlikely, it is a possibility. This is why I haven't named the company yet. But I'll say this much - its definitely not one of the more popular ones.

[dingonz]

Ive been in the transport game for years and as i see it the company has left themselves wide open for an arguement as if they where a presentable company they should have given you a copy of the cartage docket and in vehicle transport they have a picture of a car/bike on all angles so they can curcle on the diagram any damage. if and i say if this bike was delivered to them damaged they would have noted that on the docket so I would be saying to your buyer Im very sorry but this bike left as the photos and add stated, you organised the shipping so good luck. I have just bought a trike down south and getting it transported up here by general carrier, now i presume it has left as per photos but if it dosnt arrive in the same condition the 1st people i will be speaking to is the carrier. good luck m8

[prncsjd]

Good to see it has been sorted. At the end of the day this is all the buyers fault because I bet he went for the cheapest company out there. Legally NO motorcycle transport companies can insure bikes whilst in transit. They have a carriers Liability of up to $1500 but thats if something stupid happens like the truck rolling down a cliff. Upon dropping the bike off the company should have gone over the bike and noted the condition and got you to sign a waiver. Not only that but your buyer should have known that 99% of companys say all bikes are transported at the owners risk.

[Mikkel]

Good to see it has been sorted. At the end of the day this is all the buyers fault because I bet he went for the cheapest company out there. Legally NO motorcycle transport companies can insure bikes whilst in transit. They have a carriers Liability of up to $1500 but thats if something stupid happens like the truck rolling down a cliff. Upon dropping the bike off the company should have gone over the bike and noted the condition and got you to sign a waiver. Not only that but your buyer should have known that 99% of companys say all bikes are transported at the owners risk.

Interesting. So would your own insurance cover the bike while in transit or what can you do to insure your vehicle during transport?

[p.dath]

Interesting. So would your own insurance cover the bike while in transit or what can you do to insure your vehicle during transport?

You can get something called something like "marine cargo cover" for "local transit", which covers goods in transit. We use it at work for stuff we send on couriers. We got it after a courier company wrote off something llike $24k of goods in a single shipment (the goods were inside of a steel box made out of something like 4mm thick steel - and the box was almost squashed!).

However I disagree with prncsjd. I beliebe the $1500 limited liability cover DOES include damage and loss of goods. It's just limited to $1500. Basically it covers all liability, but limits that liability to $1500.

An a cartage company certainly can offer insurance, but it would have to be underwritten by an bonded insurer. Typically they would just outsource the insurance part to the insurance company directly. But I suggest its better to get the insurance directly because if an issue occurrs, its better to be dealing with your insurance company, rather than their insurance company.

[breakaway]

Just to clarify, nothing has been "sorted out" just yet. The buyer has simply stopped contacting me. This could mean the transport company has settled him (unlikely). More likely that he just can't be arsed chasing this up.

[CookMySock]

Just to clarify, nothing has been "sorted out" just yet. The buyer has simply stopped contacting me.Sounds pretty "sorted" to me.

Steve

[kwaka_crasher]

Carriage of Goods Act covers damage from negligence too not just accident.

This reminds me of a funny story I heard once - probably an urban myth. An expensive car being greighted by ship. In the process of being lifted onto the ship by crane it was accidently dropped into the drink between the ship and the wharf (which makes me immediately suspicious as to the authenticity of the story given the small gap that it would have to fall through). It was insured for transit and insured on the wharf but not for the lift. Result: no insurance payout.


Sounds pretty "sorted" to me.

Me too... :woohoo:

[Cary]

Put yourself in his shoes. Then do what you would like done if you were him.
This is a good point. Try and negotiate.

You could walk away as you did take it to the dealer for check. It's the arshole shipping company that needs to front up which will have to come from him as he organised and paid for it.

[CookMySock]

Try and negotiate.nooooo, its paid.... think about it.

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Steve

[offrd]

Was the transport company JEFFS?

Shame on you jeffs like on target! Drop the motorbike and not want to pay the $1500.00

Poor Kenny that dropped it was not really a transport driver and had no idea on bikes..

Yeah not the same story or bike but it happens.

Dont even get a wheelbarrow transported by JEFFS.....

Just my .02c

[crazyhorse]

Ive been in the transport game for years and as i see it the company has left themselves wide open for an arguement as if they where a presentable company they should have given you a copy of the cartage docket and in vehicle transport they have a picture of a car/bike on all angles so they can curcle on the diagram any damage. if and i say if this bike was delivered to them damaged they would have noted that on the docket so I would be saying to your buyer Im very sorry but this bike left as the photos and add stated, you organised the shipping so good luck. I have just bought a trike down south and getting it transported up here by general carrier, now i presume it has left as per photos but if it dosnt arrive in the same condition the 1st people i will be speaking to is the carrier. good luck m8

I agree

When I shipped my car and bike, I had to circle on the documents any scratches or possible dents - it covers their arse and mine when the goods arrive at the other end. Glad they have managed to sort something out on this too :niceone:

[Smifffy]

like on target!

Yeah not the same story or bike but it happens.



Fuck target - I can't believe much of anything they show on that shit any more - give me Fair Go any day. What redress do any of the businesses have that they have fucked over with their half-assed cock-ups?

As far as i've seen, the only good they've done is to out a couple of panty sniffers (or was it the same one twice?).

Next time I won't hold back and will tell what I really think ;)

[breakaway]

It was Opzeeland. http://opzeeland.co.nz/

Thought long and hard about posting their name here, but I really don't want anyone getting stung by these guys.

When I asked the dude if they transfer a lot of bikes, he said only one or two a month. So it's definitely not a specialised bike transport outfit or anything.

[kwaka_crasher]

It was Opzeeland. http://opzeeland.co.nz/

The fact they're "family owned and operated" should have been warning enough. My experience of most places like that means imbecilic offspring in key positions through bloodline not competence and internal conflict (i.e. "Do your job or you're fired!") avoided at all cost in order to maintain some semblance of harmony around the Sunday roast dinner table. Avoid family businesses like the plague!

[ynot slow]

Avoid family businesses like the plague!

Can be soo true,grandad or the dad builds up the business up with old fashioned goodwill and service,then junior comes along and stuffs it up,having never had to build the empire,or buy into it like any business purchaser.Mind you a few transport(furniture ones)with family can be ok,especially if junior or the relatives start at grass route level.

[BikeTranz]

just for future referance we here at biketranz transports bikes for a living but we can offer transit insurance for your bike, it is though the good guys at star insurance.

[offrd]

just for future referance we here at biketranz transports bikes for a living but we can offer transit insurance for your bike, it is though the good guys at star insurance.
Reference... Transport... Through...

Least you transport stuff with out rooting it even if yaz cnat speel

[pc220]

Reference... Transport... Through...

Least you transport stuff with out rooting it even if yaz cnat speel

The spelling police are out there anywhere anytime. You have been warned.:Police::bleh:

[grbaker]

Thanks dude... you put me off (and rightly so) having a new ride "transported" from 900km.... guess I'll fly and ride....

[nico]

The spelling police are out there anywhere anytime. You have been warned.:Police::bleh:


lick my tangas s.p

[CookMySock]

Fly and ride is always a great mission anyway.. :niceone:

Steve

[CookMySock]

Fly and ride is always a great mission anyway.. :niceone:

Steve