NEW Backhoe Delivered Damaged - PICS

Discussion in 'Heavy Equipment & Pavement' started by MatthewG, Jul 5, 2014.

  1. MatthewG

    MatthewG LawnSite Senior Member
    Posts: 266

    Bought this 2005 backhoe on Monday and hired a my local CASE dealer to haul it as they have a fleet of Kenworths and lowboys, It was delivered this past Wednesday, quickly and on time.

    It came from near Philly PA up the PA Turnpike to my building, its about a 1.75 hour trip.

    Long story short the window blew open (I assume) and crashed into the other big window, destroying them. The seals and door hardware was lost on the turnpike, driver says he didn't know this happened until he arrived to unload the machine. (Says the salesman)

    I didnt meet the driver, they just dropped it off, but this time, it was left on the side of the road, not up my short dirt driveway as they have done in the past and as I instructed to do so. (you can see the driveway in the picture)

    I called the company, and the salesman told me "there was nothing they could do" and that "these things happen"

    I got loud very quickly then he told me to "get a parts estimate and call him Monday"

    Its about $800 in parts, what does everyone think???

    Please chime in, who should pay for the damage?

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    Last edited: Jul 5, 2014
  2. RussellB

    RussellB LawnSite Fanatic
    Posts: 6,145

    Assuming the driver is an employee of the Case dealer it is the dealerships responsibility. If you did a side deal with the driver then you and the driver have an issue. Good luck sorting it out.
     
  3. Don't know in your state, but bottom line, the driver of the vehicle is responsible for the load to make sure its secure to move. This is obviously wasn't followed. Maybe the driver forgot to shut the door whatever. He picked up a non-damaged machine, should of delivered a non-damaged machine.

    THAT'S WHY COMPANIES ARE SUPPOSED TO HAVE INSURANCE!

    As long as you can prove the windows were not damaged before being loaded for shipping, got a case. Anyways, if the dealer is interested in repeat business, he should cover the expenses. No excuses, stuff happens, that's why insurance exist.
     
  4. Mowingman

    Mowingman LawnSite Platinum Member
    from Texas
    Posts: 4,664

    That is 100% the responsibility of the dealership. They should have cargo insurance for everything they haul.
    If necessary, talk to the general manager and DEMAND they repair the machine to it's "as purchased" condition.
    Some years back, I bought a Cat D8N from a reputable used equipment dealer. While being delivered, their truck hit a low bridge. They paid for a brand new enclosed cab and fuel tank to be installed at the local Cat dealership. Never a question as to who was responsible.
     
  5. JNB Construction

    JNB Construction LawnSite Senior Member
    Posts: 282

    They damaged it, they are responsible for the repair. Pretty cut and dried.
     
  6. Dirtman2007

    Dirtman2007 LawnSite Platinum Member
    Posts: 4,366

    yep driver is responsible ( or the company he works for) Ive had the guys who move my big equipment tell me about stuff that happens during moves and all the glasses that get broke. its what insurance is for.
     
  7. larryinalabama

    larryinalabama LawnSite Fanatic
    Posts: 16,793

    Glass for that is expensive, most never gets replaced, especially companys with employes.

    Call the freight company and put in a claim.
     
  8. blk90s13

    blk90s13 LawnSite Bronze Member
    Posts: 1,452

  9. ksss

    ksss LawnSite Fanatic
    Posts: 7,128

    Some years ago a driver for the CASE dealer here, hit a low bridge with a Quad Trac. It was an absolute mess. Do you think the dealership delivered the destroyed Quad Trac to the customer and said shitt happens? No of course not. Between the tractor and the bridge I am sure it was about a million bones.
     
  10. lumberjack1986

    lumberjack1986 LawnSite Senior Member
    Posts: 287

    Refuse acceptance due to not conforming to material representations.

    I'm in a similar issue with a truck brought in from out of state not being what they said it would be.
    Posted via Mobile Device
     

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