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#695334 - Sun Sep 24 2017 01:30 PM Shipper Liability Info/Warning
tbuckles Offline
Petro Enthusiast

Registered: Wed Sep 10 2003
Loc: Carthage, IN USA
I thought I would share a story that happened to me regarding shipping gas pumps.

Last October I had a pump restoration company from the Atlanta Ga area contact me and bought a couple gas pumps. They sent the payment and all is good there. They next made all the arrangements with the freight company to pick up the pumps, I did not have anything to do with those arrangements. My only involvement was to open the door and roll the pumps out to be loaded by the freight company. They loaded them and left, all done story over.

No the story is not over and the following actually happened to me. Last month I got a call from a company that specializes in debt collection for freight companies. They stated that the person in Atlanta failed to pay the freight bill and after months of trying to collect from him they turned their sights on me citing Shipper Liability Laws.

Let me make this story brief since I laid out the background. Read up on shipper liability laws. The laws are written to protect freight companies. Basically the law reads "the freight company will be paid either by the consignor or the consignee". Even thou I had no involvement in making arrangements with the freight company I did become involved when I signed the Bill of Lading releasing the pumps, in essence when I signed the BoL I agreed with the contract between the freight company and the consigner. A Bill of Lading is a legally binding contract and there is a section #7 in most BoL that would have offered me some protection had I known about section 7. I write this to offer some education and opinion when it comes to shipping.....handle all the arrangements and pay the bill yourself!

As a side note I spoke with several lawyers and every one said don't pay it because the dollar amount was not enough to make it worthwhile to take me to small claims court, at worst they might hit my credit score. One thing about me... I always pay my bills no matter what but I am not a charity for deadbeats. However in this case the law was not on my side and I was able to negotiate a token settlement to clear the matter up. In the end I chalked it up to a learning experience and it's nice not having a collection agency hounding my *****.

Tom.
_________________________
Always buying gas pumps and parts.

Visit my web site: www.gaspumps.us
Buckles Vintage Gas Pump Parts LLC
Carthage Indiana

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#695341 - Sun Sep 24 2017 02:02 PM Re: Shipper Liability Info/Warning [Re: tbuckles]
Morgan Offline
Veteran Member

Registered: Fri Oct 13 2000
Loc: Texas USA
I learned about Section 7 of the BOL when I worked for a railroad back in the late 70s. I've used it ever since. It's a bit of free protection for shippers.

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#695342 - Sun Sep 24 2017 02:10 PM Re: Shipper Liability Info/Warning [Re: tbuckles]
keithia Online   content
Veteran Member

Registered: Fri Dec 14 2001
Loc: USA
Well that stinks. Note taken!
_________________________
Drive with Care and Buy Sinclair!! I buy Sinclair globes, signs, cans, ect.

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#695359 - Sun Sep 24 2017 04:03 PM Re: Shipper Liability Info/Warning [Re: tbuckles]
Alex Offline
Moderator, Value Forum

Registered: Mon Dec 08 2003
Loc: Butte, Montana USA
This is interesting. That Section 7, BOL. Is there anything in the fine print where you signed that states it? How can someone be held accountable if those items are not explained or on what you signed? I am surprised the freight company dropped off the pumps without payment. I would have thought it would have been a COD type of thing. I would be on the phone to the person I sold it to and raise a little....you know what....I would have thought your signature would only be an acknowledgement that the company picked them out. Anyway, I am no lawyer and don't play one on TV..live and learn.
_________________________
Alex
Looking for Texaco and Power Gasoline items

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#695360 - Sun Sep 24 2017 04:03 PM Re: Shipper Liability Info/Warning [Re: tbuckles]
Recycle68 Offline
Petro Enthusiast

Registered: Sat Jan 15 2011
Loc: Northern Indiana
Thanks for the education!!!
_________________________
Gas Pumps, Farmall tractors and 1968 Chevrolet Impalas

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#695362 - Sun Sep 24 2017 04:29 PM Re: Shipper Liability Info/Warning [Re: tbuckles]
Done4 Online   content
Veteran Member

Registered: Mon May 07 2012
Loc: Michigan, Union Pier
Thankfully I don't do this type of shipping. Thanks Tom for this valuable info.
_________________________
Have gas all the time

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#695366 - Sun Sep 24 2017 05:11 PM Re: Shipper Liability Info/Warning [Re: tbuckles]
azjockey Offline
Petro Enthusiast

Registered: Tue May 17 2011
Loc: Arizona
Hard way to learn the law when it takes money out of our pocket for something we should not be responsible to pay.
Sorry Tom BTW who was the buyer.

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#695370 - Sun Sep 24 2017 06:41 PM Re: Shipper Liability Info/Warning [Re: tbuckles]
tred Online   content
Active Member

Registered: Sun May 07 2017
Loc: austin, tx
not trying to hi-jack this thread, but rater to add to it, i found out the hard way that shipping gas pumps with the pump still in them requires a specific permit, they are considered haz-mat's believe it or not, and without a permit, if caught, the shipper can be fined $4,000. for each pump, yes 4 THOUSAND dollars each. because of this some shippers will not touch them, or will quote you a high estimate to scare you off.
i wanted everyone to be aware, just in case you weren't.

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#695371 - Sun Sep 24 2017 06:53 PM Re: Shipper Liability Info/Warning [Re: tbuckles]
advertologist Offline
Veteran Member

Registered: Fri Sep 07 2007
Loc: So. Ca.
good info for future use .. ... cool
_________________________
RANDY

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#695377 - Sun Sep 24 2017 07:09 PM Re: Shipper Liability Info/Warning [Re: tbuckles]
Hardy's Garage Offline
Petro Enthusiast

Registered: Thu Dec 30 2004
Loc: Victor, NY, 14564
I trust you got paid for the pumps before they left. Did the "pump restoration company" every explain what happen. Just another case of too many lawyers!

Sometimes it seems that you have more bad luck than good.

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#695396 - Sun Sep 24 2017 08:03 PM Re: Shipper Liability Info/Warning [Re: tbuckles]
ironheadtom Online   content
Petro Enthusiast

Registered: Wed Oct 12 2011
Loc: San Bernardino , Cal. USA
This is amazing. The shipping company makes a determination as to what they will do regarding payment, as in cod or allowing their customer to be on account. Even if the guy gave them a bad check, it blows my mind that you could be liable. Sorry that happened to you but thanks for the heads up

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#695399 - Sun Sep 24 2017 08:57 PM Re: Shipper Liability Info/Warning [Re: tbuckles]
tbuckles Offline
Petro Enthusiast

Registered: Wed Sep 10 2003
Loc: Carthage, IN USA
If you really don't have anything else better to do then read up on "Oak Harbor Freight Lines, Inc. v. Sears Roebuck & Co., 513 F.3d 949 (9th Cir. 2008), provides a guide for when a shipper and consignee are liable for the payment of freight charges..." that will make your jaw drop.

To make things more confusing is that a Bill of Lading is not a standard form so not all have the section 7 listed on them. To say all of this is confusing is an understatement....lol.

I won't name the company I sold to (they paid me) but I will say they had a tv show. I have no recourse now because he's dead but he had more than enough time to pay his debts before his untimely demise, I didn't even know he passed until after the collection agency contacted me.


Edited by tbuckles (Sun Sep 24 2017 09:13 PM)
_________________________
Always buying gas pumps and parts.

Visit my web site: www.gaspumps.us
Buckles Vintage Gas Pump Parts LLC
Carthage Indiana

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#695400 - Sun Sep 24 2017 09:04 PM Re: Shipper Liability Info/Warning [Re: tbuckles]
Ed Steagall Offline
Petro Enthusiast

Registered: Sun Jan 07 2007
Loc: Tucson, Az. USA
whistle You should have Mailed them the pumps, huh Tom!! LOL. Ed.

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#695507 - Tue Sep 26 2017 04:37 PM Re: Shipper Liability Info/Warning [Re: tbuckles]
philmccauley Offline
Veteran Member

Registered: Thu Jul 26 2001
Loc: Bardstown, KY USA
Wow, good info for others.
_________________________
Thanks, Phil
_________________________________________________
Looking for any old pumps, or nice 5 gallon cans.

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