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Shipper Liability Info/Warning #695334
Sun Sep 24 2017 11:30 AM
Sun Sep 24 2017 11:30 AM
Joined: Sep 2003
Posts: 1,019
Carthage, IN USA
tbuckles Offline OP
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tbuckles  Offline OP
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Posts: 1,019
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.

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Buckles Vintage Gas Pump Parts LLC
Carthage Indiana
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Re: Shipper Liability Info/Warning [Re: tbuckles] #695341
Sun Sep 24 2017 12:02 PM
Sun Sep 24 2017 12:02 PM
Joined: Oct 2000
Posts: 1,053
Texas USA
M
Morgan Offline
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Morgan  Offline
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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.

Re: Shipper Liability Info/Warning [Re: tbuckles] #695342
Sun Sep 24 2017 12:10 PM
Sun Sep 24 2017 12:10 PM
Joined: Dec 2001
Posts: 2,681
USA
keithia Offline
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keithia  Offline
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Posts: 2,681
USA
Well that stinks. Note taken!


Drive with Care and Buy Sinclair!! I buy Sinclair globes, signs, cans, ect.
Re: Shipper Liability Info/Warning [Re: tbuckles] #695359
Sun Sep 24 2017 02:03 PM
Sun Sep 24 2017 02:03 PM
Joined: Dec 2003
Posts: 3,353
Butte, Montana USA
Alex Offline
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Alex  Offline
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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
Re: Shipper Liability Info/Warning [Re: tbuckles] #695360
Sun Sep 24 2017 02:03 PM
Sun Sep 24 2017 02:03 PM
Joined: Jan 2011
Posts: 316
Northern Indiana
Recycle68 Offline
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Recycle68  Offline
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Posts: 316
Northern Indiana
Thanks for the education!!!


Gas Pumps, Farmall tractors and 1968 Chevrolet Impalas
Re: Shipper Liability Info/Warning [Re: tbuckles] #695362
Sun Sep 24 2017 02:29 PM
Sun Sep 24 2017 02:29 PM
Joined: May 2012
Posts: 1,298
Michigan, Union Pier
Done4 Offline
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Done4  Offline
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Posts: 1,298
Michigan, Union Pier
Thankfully I don't do this type of shipping. Thanks Tom for this valuable info.


Have gas all the time
Re: Shipper Liability Info/Warning [Re: tbuckles] #695366
Sun Sep 24 2017 03:11 PM
Sun Sep 24 2017 03:11 PM
Joined: May 2011
Posts: 357
Arizona
A
azjockey Offline
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azjockey  Offline
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Joined: May 2011
Posts: 357
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.

Re: Shipper Liability Info/Warning [Re: tbuckles] #695370
Sun Sep 24 2017 04:41 PM
Sun Sep 24 2017 04:41 PM
Joined: May 2017
Posts: 46
austin, tx
T
tred Offline
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tred  Offline
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Joined: May 2017
Posts: 46
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.

Re: Shipper Liability Info/Warning [Re: tbuckles] #695371
Sun Sep 24 2017 04:53 PM
Sun Sep 24 2017 04:53 PM
Joined: Sep 2007
Posts: 12,159
So. Ca.
advertologist Offline
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advertologist  Offline
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So. Ca.
good info for future use .. ... cool


RANDY
Re: Shipper Liability Info/Warning [Re: tbuckles] #695377
Sun Sep 24 2017 05:09 PM
Sun Sep 24 2017 05:09 PM
Joined: Dec 2004
Posts: 500
Victor, NY, 14564
Hardy's Garage Offline
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Hardy's Garage  Offline
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Joined: Dec 2004
Posts: 500
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.

Re: Shipper Liability Info/Warning [Re: tbuckles] #695396
Sun Sep 24 2017 06:03 PM
Sun Sep 24 2017 06:03 PM
Joined: Oct 2011
Posts: 457
San Bernardino , Cal. USA
ironheadtom Offline
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ironheadtom  Offline
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Posts: 457
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

Re: Shipper Liability Info/Warning [Re: tbuckles] #695399
Sun Sep 24 2017 06:57 PM
Sun Sep 24 2017 06:57 PM
Joined: Sep 2003
Posts: 1,019
Carthage, IN USA
tbuckles Offline OP
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tbuckles  Offline OP
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Joined: Sep 2003
Posts: 1,019
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.

Last edited by tbuckles; Sun Sep 24 2017 07:13 PM.

Always buying gas pumps and parts.

Visit my web site: www.gaspumps.us
Buckles Vintage Gas Pump Parts LLC
Carthage Indiana
Re: Shipper Liability Info/Warning [Re: tbuckles] #695400
Sun Sep 24 2017 07:04 PM
Sun Sep 24 2017 07:04 PM
Joined: Jan 2007
Posts: 635
Tucson, Az. USA
E
Ed Steagall Offline
Petro Enthusiast
Ed Steagall  Offline
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Joined: Jan 2007
Posts: 635
Tucson, Az. USA
whistle You should have Mailed them the pumps, huh Tom!! LOL. Ed.

Re: Shipper Liability Info/Warning [Re: tbuckles] #695507
Tue Sep 26 2017 02:37 PM
Tue Sep 26 2017 02:37 PM
Joined: Jul 2001
Posts: 3,969
Bardstown, KY USA
philmccauley Offline
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philmccauley  Offline
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Joined: Jul 2001
Posts: 3,969
Bardstown, KY USA
Wow, good info for others.


Thanks, Phil
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