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Hot Rods Help Needed; Dealing with a Freight Company...

Discussion in 'The Hokey Ass Message Board' started by crazycasey, Mar 6, 2015.

  1. Hey gang,

    I just had an eBay engine shipped to me via a major automotive freight broker. I didn't have an exact weight for the shipment, so I searched several websites, all of which suggested the complete engine assembly weight was 700 lbs. Now, this eBay engine had nearly every factory cast iron part on it replaced with aluminum, which I figured more than made up for the weight of the pallet and 3/8" particle board box it was shipped in, so I estimated the total shipment weight at 700 lbs to be safe. But now, a month after I received the motor, the broker is coming after me for nearly double the original shipment amount, saying the engine actually weighed in at 930 lbs.

    First of all, there's no way that the engine weighed 930 lbs. The driver must have been standing on the scale with the crate. Second, they're coming after me for this amount nearly a month after I took delivery of the shipment. That just seems odd. Finally, I went on the broker's website, and read their terms of service, which basically says that they reserve the right to amend the contract at any time, and that if you fail to pay the charges on time (prior to pickup of the item) they will charge you a 33% penalty.

    Does anybody here have any experience with a freight company bait and switch? Would I be better off to just pay them, or are they trying to figure me for an easy target? I don't want to roll over, but I don't want to get hit with a bunch of fees and penalties either. Seems everybodies trying to make a buck these days, and freight brokering maybe isn't as "up and up" as I thought...

    Thanks for your help, HAMB!
     
    Last edited: Mar 6, 2015
  2. Imwalkin
    Joined: Jul 29, 2004
    Posts: 544

    Imwalkin
    Member
    from Tucson, Az

    If already had the "freight" in my possession I'd tell them to pound sand.
     
  3. Any chance you still have the pallet etc and can you weigh the motor, there is also the chance they may be right. JW
     
    Hnstray likes this.
  4. mgtstumpy
    Joined: Jul 20, 2006
    Posts: 9,214

    mgtstumpy
    Member

    Screenshot_2015-03-06-20-37-29.png Here is a quick Google search for rough O factory weights. A Caddie does not weigh that much
     

  5. Don's Hot Rods
    Joined: Oct 7, 2005
    Posts: 8,319

    Don's Hot Rods
    Member
    from florida

    A typical wooden pallet weighs between 35 and 50 pounds (tops), so even if you added in 100 pounds for the pallet and particle board, you would still be within your 700 pounds, unless you were shipping a hemi or similar.

    I would ask them for proof, put the burden on them.

    Don
     
    40fordtudor likes this.
  6. harpo1313
    Joined: Jan 4, 2008
    Posts: 2,586

    harpo1313
    Member
    from wareham,ma

    Take a pic of the motor,copy the chart above,a pic of the pallet and send it to them in a certified letter.chances are you wont hear from them again.
     
  7. BamaMav
    Joined: Jun 19, 2011
    Posts: 6,759

    BamaMav
    Member
    from Berry, AL

    Do you have a signed agreement as to the original shipping weight and shipping cost? If they agreed to a rate, I don't think they are able to change that rate after the fact. A shipping contract is just that, a contract, and it's terms have to be honored. Unless that contact states that they have the right to adjust the rates after delivery, I don't think they have a leg to stand on. You have already taken delivery, they have done their job at the beforehand agreed price.

    I've been in the trucking business 30 years, and yes, there are some shady operators and brokers out there, but this is the first time I have ever heard of anybody trying to get more money after delivery. I have heard of brokers getting loads and then getting paid and stiffing truckers on payment, but never stiffing the customers. Guess there is always something new to try if you're crooked enough......
     
  8. The chart lists the motor (331 hemi) as 729 lbs, and that is the highest weight I have ever seen listed for one. But that is for a motor with a cast iron exhaust manifolds, intake, front cover, water pump, flywheel, etc. My motor was shipped with aluminum EVERYTHING...the Hot Heads front end kit supposedly weighs 80 lbs less than the factory pieces, for example. And the exhaust manifolds were not on the motor. But, I'll be arguing with them those details...it seems like an uphill battle. I know from putting factory Hemi's in the back of my pickup, vs the ones with all the lightweight parts, they're WAY heavier with all the stock stuff. This is really frustrating. 930 lbs is 201 lbs heavier than a factory motor. There's just no way!
     
  9. I guess I can go weigh my pickup, and then put the motor and all the wood from the crate in the back, and weigh it again, and try to turn that into them...I don't know if it will help.
     
  10. Its a start and you will have some numbers to give them, good luck. JW
     
    crazycasey likes this.
  11. My old man worked with freight companies in the retail world his entire life. He said beware.

    Even though I signed no contract, they do have a link in fine print on the bottom corner of their website to their Terms of Service, which states that by contracting with them for freight, you agree to pay "any changes in actually cost of delivery if the quote was based on incorrect information", and then it stipulates that you shall also pay a penalty of 33% and cover any legal fees they incur to get the money out of you.

    The only saving grace is that in this day and age an unsigned contract doesn't mean much...

    This is a major freight broker who specializes in shipping engines. I already put the ball back in their court, so I will give them some time to make it right before I blast their name on here, but most of you could probably figure it out, from what I have just typed.
     
  12. 2 nailbender
    Joined: Aug 13, 2006
    Posts: 126

    2 nailbender
    ALLIANCE MEMBER
    from iowa

    I had a similar deal. Got a frame shipped to me in Iowa from Calif. started with quote of $369.for the shipping . They picked it up and cost was $399, I was cool with that pallet,etc. I paid that got the frame a few weeks later they sent me another invoice for an additional $473. Their reason was the shipping code had bee changed. I'd been emailing back an forth with the broker and,accounting dept. A few weeks later got another invoice with late fee add on. Finally sent them a letter via email saying that it was not my problem that shipping code changed and I did not believe these charges were right and I was not going to pay them. [ I tried to be polite] As of today I've not heard any more from this company
     
  13. woodiewagon46
    Joined: Mar 14, 2013
    Posts: 2,277

    woodiewagon46
    Member
    from New York

    A few years ago I had a bad experience with a freight co. when the transmission I had built was shipped. The deal was that the trans was to be shipped to the depot and I would pick it up. The trans company told me that the trans was shipped a month ago. After about two dozen calls I was told that I could come to the depot and pick it up. Got to the depot at noon and gave them my paperwork. After a couple of hours I asked "how come the delay", was told that "a lot of freight had to be moved". Finally at about 4PM, I noticed a shift change because several people were clocking out. A new guy asked me what I was waiting for, and I told him. After about five minutes he told me to "pull my pickup to door number 5". I asked him what was going on and he told me that because I was picking up the trans from the depot, I was taking a delivery job from a union driver, so some of the hard core union guys were breaking my balls. The irony is that I am a union member from a different union.
     
  14. Attorney time

    Ben
     
  15. williebill
    Joined: Mar 1, 2004
    Posts: 3,283

    williebill
    Member

    Had a similar experience years ago at my business. A regular shipment, like any other, but an additional "bill" came in several weeks later, with no explanation. I ignored it, and they sent another, and called my shop demanding payment. I told them that if I operated my business that way, I'd expect my customers to laugh in my face. Reminded them that I'd paid the original charges, and in my most polite, businesslike manner, told them to get fucked, and hung up. Never heard another word from them. Don't know if that'd work for you, but I wasn't about to pay more weeks later without a good reason. The shipping company didn't have one.
     
  16. coupe33
    Joined: Nov 23, 2004
    Posts: 663

    coupe33
    ALLIANCE MEMBER

    I have had 4 engines shipped to me from all over the country and never ran into this?
     
  17. 4thhorseman
    Joined: Feb 14, 2014
    Posts: 261

    4thhorseman
    Member
    from SW Desert

    I wouldn't even reply. You paid the original amount agreed upon in full prior to pickup? If so then they have NO case. If they pursue it make them come after you, which costs them time and $. The longer the better for you. If you do end up having to fight it in the future it'd be in small claims court. The judge would toss them out and likely award you a little for wasting your time. Shame some folks try to take advantage of others like that. I speak from experience. ; )
     
  18. 19Fordy
    Joined: May 17, 2003
    Posts: 8,056

    19Fordy
    Member

    It's Judge Judy time!
     
    stillrunners likes this.
  19. alchemy
    Joined: Sep 27, 2002
    Posts: 20,522

    alchemy
    Member

    A "contract" is an agreed upon service/product for a price, signed by two parties. You both agreed to the original contract and price, they did their part, then you did your part by paying their invoice. Contract completed.

    Now they come back? That's not how a contract works. Lawyer time. If the shipper wanted to add extra fees (per the fine print you agreed to), they needed to do it before their invoice was sent and paid.
     
  20. Several good replies here. If they continue to harass you, tell em they'll need to sue you to get it. 95% that will shut them down. Then, if they sued, you'd have a good shot at winning anyway.
     
  21. This is what I do , call or send them a letter stating you are getting in touch with the Better Business Bureau in their area and calling the Attorney General's Office in your state. This has worked every time for me !
     
  22. about 8 years ago I shipped some '37 Cadillac front fenders (large) to a guy down south. I had found a shipping co to deal with and had it all set up, well about this time the buyer said he found a cheaper way to ship and to use his company. Of course I said ok, he wanted to know the size of the pallet and aprox weight. I could measure but had no way to weigh them so I guessed. The buyer paid for shipping and I delivered to the shipping depot, all went fine. about a month later the shipper sent me a note that they had charged the buyer another $700 for the shipment as the weight was off. He had paid with credit card so they, the shipping co. charged his card. I don't remember the weight i guessed, but I could not have been off by that much, I think the quote was something like $300. He only paid $100 for the fenders.

    The one thing to learn from this is LET THE OTHER GUY SET UP SHIPPING!
     
  23. mike bowling
    Joined: Jan 1, 2013
    Posts: 3,560

    mike bowling
    Member

    Simple solution- don't do anything.if you paid the quoted price, and you are in possession of the freight. That's called a "me-ahn hum-ne-dah" (phonetic spelling="tough shit"/ S. Korea) for the freight co. for not having THEIR shit together.Go play with your car.
     
  24. contract ended when item was delivered and driver drove off
     
  25. Go get the thing weighed, take pictures , have your weight ticket the most recent scale calibration and THEN when you are not guessing & have proof in hand - only then ask them for their pictures and weight tickets and THIER proof.
     
    Hnstray likes this.
  26. Yep me too and next time read the fine print.

    Oh and one other thing take Vickys advice and find out for sure what it weighs. Guessing weight is never a good idea unless you work for a carnival.
     
    leadfootloon likes this.
  27. stimpy
    Joined: Apr 16, 2006
    Posts: 3,546

    stimpy

    there should be a shipping weight on the BOL if they weighed it at the terminal / otherwise the weight on the bill of lading is the billing shipped weight . otherwise demand a proof of the ticket with the BOL info on it ( certified scale ticket ) as most freight houses do not use a certified floor scale they use a scale in the lift trucks lifting mechanism ( which is not certifiable as its not a fixed( floor mounted ) scale ) ,and the only way you can fight it is if you take and put the whole package back together and have it weighed on a state certified scale .

    otherwise since you accepeted it ( your signature ) you agree to the terms of there contract and recieved it damage free . this is also the reason why you do not sign for anything without a inspection or put a inspection exemption on the BOL when you take delivery .
     
    hipster and Hnstray like this.
  28. Thank you! THIS is what I was after. They did (supposedly) weigh the shipment when they picked it up, and sent me an adjusted BOL with the email demanding payment yesterday, but it does not say that it was weighed on a Certified Scale. That might be my angle.

    I should also mention that the BOL that I signed when I received the shipment had the original 700 lbs on it...now if I can only FIND that piece of paper...

    I don't want to wrap my head around what it would take to re-crate, transport, and weigh this engine on a state certified scale to make my case. Talk about pain in the rear...that must be what they're banking on...
     
  29. I would...just to shut em up ^^^^^^^^^^^^^^^^^^^
     

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