ComplaintsforNationwide Equipment Transportation, Inc.

• Initial Complaint

  12/28/2022

  Complaint Type:

  Delivery Issues

  Status:

  Answered

  More info

  I hired and paid Nationwide Equipment Transportation, Inc. to pick up and deliver a Bandsaw. Nationwide Equipment Transportation, Inc. subcontracted the job out to YRC. Upon delivery, there was some damage. Nationwide Equipment Transportation, Inc. sent me paperwork to file a claim. YRC declined the claim stating "Concealed Damage": the damage was under only two wraps of shrink wrap, clearly visible. Now, Nationwide Equipment Transportation, Inc. is claiming this is not their problem. That i need to dispute this claim with YRC. I never hired YRC, I hired Nationwide Equipment Transportation, Inc. , THEY hired YRC. They took my info, took my money and sent me the paperwork for the claim. Now they want nothing more to do with it. I claim, that since my business was with Nationwide Equipment Transportation, Inc., they should cover the damage. They, if they want to recover the loss, they need to file with the carrier they subbed out, YRC ----------- STATEMENTS FROM Nationwide Equipment Transportation, Inc. On Wednesday, December 28, 2022 at 09:13:11 AM EST, Steve Vest wrote: Paul, We are a broker therefore the carrier YRC is the responsible party for the damage claim. Thanks, Paul, I have not seen anything from YRC yet but you should be getting a letter in the mail. I think they are referring to concealed damage in that it was under the shrink wrap even though visible the driver might not be able to determine the condition when it was picked up. I would get in touch with YRC directly once you get the letter to dispute it. Feel free to send me a copy of the letter and I can review as well. I know when I looked at the pictures I didn’t think the unit was protected enough for LTL Freight and the motor and know were close to the edge so easily damaged. Thanks, ***** ** **** ********* ********** ********* *************** **** 

  

  Business response

  01/12/2023

  I apologize I must have missed the email on 12/28 from BBB about this compliant. We are a freight broker, middleman, travel agent for freight if you will. The legal documents signed at the time of pick up is a Bill of Lading and that is with YRC Freight. The carrier. The machine was not packed and protected well enough to prevent this damage from happening and was concealed under shrink wrap that the driver was not alerted to at the time of delivery. The damage was not noted at the time of delivery and therefore the carrier has declined the claim. I apologize this damage occurred to your shipment but you can reach out to YRC to dispute the denial.

  Customer response

  01/12/2023

  *** ****** ** ** ******** **** ****** ** * ****** *** **** **** ** * ****** *** *** *** ********* *** ********* ** ** ****** ** ******** **** ********* **** ** ****** ** ******* ********** ********** ********
  
  I am rejecting this response because:

  1) Legally, third party logistics companies are hired to transport goods and deliver them without damage to the end-user location. Agreements are made between the shipper and the logistics company that define these responsibilities. If the shipper believes the product departed their site in proper condition and arrived damaged at the destination, then the third party logistics company may have breached the contract.
  For the shipper to have a legitimate claim, they must show that the product left their facilities in good shape, then arrived damaged, and must provide a cost estimate for the extent of the damage.

  2) Realize that the Carmack Amendment isn’t foolproof protection. You can be liable under various state law causes of ac­tion, such as negligence, breach of contract, etc.
  Be cautious of how you market and perform your services. Advertising as an “all in one” transportation solution may bring in more customers, but can aid legal arguments that your company “held itself out as a carrier”...and is therefore subject to the Carmack Amendment.

  3) From NET own website - Please see the two attachments.  NET claims the item was not packed well enough to have been shipped, yet their own website claims they will "Blanket Wrap" the item.   NET also claims that the damage was not made at the time of the delivery, yet their own website states you have 7 days to make a claim.  I first notified them less than 5 minutes after delivery.  NET also claimed that the damage was "Hidden" under shrink wrap, yet you can clearly see, yes, it was under shrink wrap, but very visible.  Finally, if you look at their website, NET does seem to Advertising as an “all in one” transportation solution.

  References:

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  Business response

  01/23/2023

  I apologize but we do not have a contract with your company. The contract was the BOL signed by the carrier YRC Freight and they rejected your claim as nothing was noted as damaged at the time of the delivery. I understand you called as soon as you noticed it but there is no proof it was caused by the carrier as your company signed for the shipment in good condition and the driver left.

  Customer response

  01/24/2023

  *** ****** ** ** ******** **** ****** ** * ****** *** **** **** ** * ****** *** *** *** ********* *** ********* ** ** ****** ** ******** **** ********* **** ** ****** ** ******* ********** ********** ********
  
  I am rejecting this response because:

   

  The "Proof" was the photo showing the damage under (through) the shrink wrap.  

  But if a $100 claim is going to break you...

   

  Finally, I'm not a company, I'm an individual.  

  
  
  ******** **** ********

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