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Old 06-22-2009, 01:17 PM
  #81  
Weekender1952
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Originally Posted by kev1n
I love how some here criticize the OP and defend the dealer. I wouldn't be surprised of there dealer has done something seriously shady. Its easy to have hindsight in this whole situation.

This sort of thing almost happend to me, but I lucked out and I was too paranoid to proceed with the deal without doing some digging.
Vandergriff Chevy in TX tried to sell me an 08 that had $8000 worth of damage repairs on it, and they were not upfront about it. The only reason I found out about the damage was because another contact at a dealer spoke to them about the car and found out that it had its wheels stolen and it was left on cinder blocks causing the damage. The salesman I spoke to said that they "upgraded" the rims from the ones that were on the build sheet. It turns out the "upgrade" was to replace the missing rims that were stolen, and they were adding 2k on top of the price to the car.

Question to the OP, do the rims that you have on your car match the glove box option code tag? I wonder if the same kind of thing might have happened in your case.
Thanks Kev1n,

Yep, most people are defending the dealer and blaming the transport company AND me for being so STUPID. I should have asked questions on here before buying a car unseen. I didn't realize buying a car like this was so risky. The dealer described and sold the car as new. The dealer got some quotes to transport it to me. I said tell me the lowest and I said OK. The dealer gave me the transport company details and I signed-up. I didn't get the other quotes. They may have been a few dollars more than the one the quote I went with. I don't know. But why does choosing the lowest quote make me culpable? So many on here seem to think choosing the lowest quote automatically results in a bad experience. Does this work if the quotes are only dollars apart?

I have not checked the option code in the glove box but the rims match the sticker description. I am still exploring the car.

Martin
Old 06-22-2009, 01:28 PM
  #82  
Weekender1952
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Originally Posted by Wah
The transporter did not note the rocker panels damages when the car was picked up. The damages were noted at delivery.

I'm sure it's more than just from the driver/his assistant getting in/out of the car. Leather on the seats appeared to have had something dark rubbed against it. Almost like dye transfer. The carpet has dark scuffs, green clover-leaf confetti all over, and what seemed like general dirt. Not caked on but they are there. Door panels had dark scuffs. The interior was also dusty.

The driver seat had a temporary plastic covering at delivery.
One thing about the damage. It is must worse on the driver side than on the passenger side. I mean much worse. But both sides do share similarities. This suggests two things 1) there was only a driver in the vehicle when the damage was done and/or 2) the obstacles that caused the damage were not identical on both sides of the car. The was driver was small and lightweight. So maybe that leads us to the obstacles on either side of the car being different or of different heights. Does this sound like a transporter?

Martin
Old 06-22-2009, 01:28 PM
  #83  
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Originally Posted by cthusker
That pretty much locks in the transporter for a damage claim unless he signed his BOL (Bill of Lading) at pickup point "subject to concealed damage"! The transporter is responsible to inspect for "VISIBLE" damage and note on their bills. This gets a little tricky but I believe the transporter is on the hook for this damage to the "consignee" (the buyer)! The transporter can then have their insurance company subrogate with the dealer or his representative. Bottom line is I would simply file a claim against the transporter and see what happens........

BTW I own a trucking company and we used to transport very expensive antique cars. The insurance got to expensive and we stopped doing it because of liability concerns.....
This is the best advice of all . . .
Old 06-22-2009, 01:52 PM
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Originally Posted by cthusker
I bet it was damaged by the transporter and was improperly loaded or unloaded. By that I mean some of these transporters don't use the same truck to deliver that originally picked up. They stage loads and or consolidate them. They transfer cars between trailers!

There might be a reason why the company you used was the lowest bidder? It's highly unlikely that damage was caused by improper lifting as it looks like it was "scraped" over a fair distance. That would again point to the transporter.

I doubt the dealer is going to take the financial hit back to CA and voiding the deal. Can't really blame the dealer as you picked and paid for the transporter. Sounds like the car was shipped FOB CA. FOB specifies which party (buyer or seller) pays for which shipment and loading costs, and/or where responsibility for the goods is transferred. The last distinction is important for determining liability for goods lost or damaged in transit from the seller to the buyer.

BTW there is a clause regarding "hidden" damage when accepting freight. Many times damage is impossible to discern which "does not" negate the transporters liability. I would make a claim against the transporter using "STANDARD FORM FOR PRESENTATION OF LOSS AND DAMAGE CLAIM". By law the transporter must supply you with a copy of that form when requested.

I can tell you it's usually a long draw out process and transporters are notorious in dragging their feet. Stay after them and I believe you have a good case for getting it repaired on their dime!!
Thanks for the advice!

Martin
Old 06-22-2009, 02:00 PM
  #85  
Oli1313
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Never bought a car in California, but I never miss an opportunity to let everyone know that FREEWAY CHEVROLET in Tempe, AZ SUCKS!!!
Old 06-22-2009, 02:02 PM
  #86  
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Originally Posted by buffguy
Its edvident that the dealer didn't do prep for the delivery of the car. They probably didn't put the manual or nav disc in the car either. I think they sold him the car for a very low price, that it wasn't in their best interest to detail the car or include the manual. People should stay clear from dealerships like these. They wouldn't even try to resolve the issues with the OP, but instead ignored him.

I bought my car sight unseen and it turned out great. It all depends on who you buy it from and performance chevrolet is not the one. Most dealers in California are a joke, that is why I bought mine out of state.
Hey, thanks for owning up you bought a car unseen. I don't feel so lonely now. The price wasn't as low as KBB excellent and for my disappoint when receiving the car. Now if the dealer had said we are not going to detail this car it would be a different matter! The car arrived dirty inside. That is the only thing I know.

Martin

Martin
Old 06-22-2009, 02:25 PM
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Originally Posted by ltorsello
If the damage is under the car as I think I read even if the OP had inspected it in CA it sounds like he might not have seen it. I know when I accepted delivery at my local dealer I did not lay down on the ground and look under the car. I think if it was me I'd document the crap out of it, get it fixed and then TRY to get some money out of the dealer and/or the shipper. Sounds like it will be a long drawn out expierance. Doesn't sound to me like the OP did any thing wrong. I do however disagree when he says he does not have to prove anything. If he actually wind up in court he will have to prove his case.

Sounds to me like your screwed. Once you get this settled enjoy you car.

Good Luck, you'll need it

When I inspected the car on delivery I didn't look under the car and I never thought to do so. I didn't find the damage Wah did. If I had gone to CA, I think I would have done the same things, only Wah would not have been with me. I have to disagree on the proving bit. I claim and the defendant(s) have to prove innocence because it is in writing that the car was damaged before I drove it anywhere. I also notified the dealer by phone of the damage and discussed the damage before I signed for the car.

Martin
Old 06-22-2009, 02:51 PM
  #88  
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I would read your shipping contract with the dealer. There are standards term when shipping that state liability for damages and responsibilities. If you do not understand these you should consult an attorney if you are not satisified with the response you receive from the shipper or the dealer.

SHIPPING TERMS – SHIPPER/BUYER RESPONSIBILITIES



Most companies ship merchandise under the shipping terms of FOB FACTORY or FOB ORIGIN, which means the same thing. Likewise, FOB DESTINATION or FOB BUYER’S WAREHOUSE is indistinguishable. Specified shipping terms “assign risk” to the buyer and seller in a “Freight Contract.” Freight contracts run between the carrier and either a seller or a buyer. There are two types of Freight Contracts; a SHIPMENT CONTRACT and a DESTINATION CONTRACT. A vast majority of freight is moved by SHIPMENT CONTRACTS. All shipping documents require the use of Freight Terms, which determines if goods are being delivered under a “Shipment Contract” or a “Destination Contract.”



DESTINATION CONTRACT – The “carrier risk of loss” passes upon tender of delivery at the destination point specified in the Destination Contract. If delivery is specified at a destination point other than the buyer’s place of business or buyer’s warehouse, then it is the duty of the seller to deliver and “hold the goods at the destination specified for a reasonable period of time.” FOB DESTINATION, FOB BUYER’S WAREHOUSE, FOB JOBSITE are examples of shipping terms of a Destination Contract. The “ship to” address is not considered a freight term, just merely where goods are to be tendered for delivery. The “ship to” is only an instruction in the Freight Contract.



FOB FACTORY OR FOB ORIGIN – These shipping terms are characteristic of a “SHIPMENT CONTRACT” and the seller bears the expense and risk of putting the goods in the possession of the carrier. Title transfers to the buyer at the point when the goods leave the shipper’s loading dock but reverts back to the seller if the buyer follows the correct procedures of notifying the seller of “breach” by “rightfully revoking acceptance.” Even if “breach” has occurred, the buyer remains responsible for filing “carrier loss claims.”



BREACH – Given that merchandise is shipped FOB ORIGIN or FOB FACTORY and the buyer has “rightfully revoked acceptance” then the “title” of the goods in the possession of the buyer reverts back to the seller until the seller “cures” the breach. If the buyer accepts “non-conforming merchandise” with notification to the seller prior to the carrier’s departure from the delivery point, then “title” remains with the buyer. Breach includes shortages and damages as noted on the Delivery Receipts or the Bill of Lading. It is the buyer’s obligation to communicate “breach” to the seller in a timely fashion. Upon the buyer’s discovery of “breach” the buyer must also “rightfully revoke acceptance,” which includes the buyer’s responsibility of timely filing a formal freight claim with the carrier and also timely notifying the seller with formal notice of non-conformity.



PROPER, TIMELY AND RIGHTFUL REVOCATION – If the buyer does not properly and timely “rightfully revoke acceptance,” then “title” to the merchandise remains with the buyer, which dictates that the buyer pay for the merchandise according to invoice terms. Given the freight terms of FOB FACTORY or FOB ORIGIN, to “rightfully revoke acceptance” means the onus is solely upon the buyer to serve “notice of claims” upon the shipper and upon the freight carrier. This requires the buyer to file a formal claim with the carrier for shortages, freight damages, concealed freight damages and non-conforming merchandise. In lieu of filing a formal claim with the carrier, if the buyer timely notifies the shipper of deficiencies that were documented on the delivery receipts, the courts have ruled that this type of notice from the buyer may be sufficient to “rightfully revoke;” however, it is still incumbent upon the buyer to also file a formal claim with the carrier. It is equally important that when the buyer places the seller on any type of notice, the seller becomes obligated to file its formal claim with the carrier.



FOB DESTINATION OR FOB BUYER’S WAREHOUSE – This is a term for a DESTINATION CONTRACT and the seller bears the expense and risk of transporting the goods to the specified location.



FOB means Freight on Board and also signifies that the seller loads the goods at its own risk. This means that the seller is responsible for loading and may be held responsible for damages resulting from negligent loading.



FACTORY DEFECTS – If the buyer discovers factory defects or manufacturing defects after delivery, then the risk of carrier loss still remains with the buyer. However, “title” of the defective merchandise reverts back to the seller only when the buyer timely and rightfully notifies the seller of the non-conformity. “Timely” is generally construed as within 14 days of receipt. It is the buyer’s responsibility to make arrangements to ship the merchandise back, i.e. securing return authorizations from the shipper and contacting a carrier for pickup. The “invitation” to pick up defects must originate from the possessor of such goods. The delivering carrier is not liable in this type of “non-conformity,” as the factory defects did not arise from negligent actions of the freight carrier. Under the Uniform Commercial Code, the buyer must follow reasonable return instructions of the seller and may not unilaterally dispose of non-perishable items without prior approval of the seller. The buyer may not impose “penalties,” as the seller has the right to “cure” by shipping replacement product.



REFUSING DELIVERY – When the buyer refuses to accept delivery, this is a rightful method of “revoking acceptance,” if the buyer immediately informs the seller by formal notice that the delivery was refused or will be refused. “Breach” and not revocation determines if “title” transfers back to the shipper.



NOTATIONS ON THE BILL OF LADING, I.E. DAMAGED CARTONS AND SHORTAGES – When conspicuous damage notations are made on delivery records, the buyer is still obligated to take another step and “rightfully revoke acceptance” by formally filing claim forms and notices and submitting same to both the shipper and carrier.



CONCEALED DAMAGE – If a buyer opens a carton after delivery and discovers “concealed freight damage,” it is the buyer’s sole responsibility to file a formal claim with both the freight carrier and the seller. The carrier then launches an investigation to determine fault and then remedies the damage issues with the seller or with the buyer.
Old 06-22-2009, 03:07 PM
  #89  
Weekender1952
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Thanks jc9767,

I was very close to rejecting delivery and decided to speak with the dealer. After the conversation I signed the bill of lading with additional comments. I have since notified the seller twice about returning the goods. The dealer has yet to formally respond to either request. I have notified the transport company as well. I think on reading your posting that it is time to get an attorney involved so that the correct words are used when corresponding with either the seller or the carrier. In this instance, I am the shipper.

Thanks again!

Martin
Old 06-22-2009, 03:24 PM
  #90  
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Originally Posted by Weekender1952
When I inspected the car on delivery I didn't look under the car and I never thought to do so. I didn't find the damage Wah did. If I had gone to CA, I think I would have done the same things, only Wah would not have been with me. I have to disagree on the proving bit. I claim and the defendant(s) have to prove innocence because it is in writing that the car was damaged before I drove it anywhere. I also notified the dealer by phone of the damage and discussed the damage before I signed for the car.

Martin
I'm not getting this......did you notate the damage when delivered on the delivery recipt or was the damage discovered after the truck had left?

Because if you signed off on the car as delivered you may very well be SOL. Also,I'm not trying to be arguementative at all & wish you the best of luck,but where have you gotten the notion that if you bring suit that the defendants have to prove their innocene vs you proving who is responsible? That's not the way the court system works.

Again,best of luck resolving this issue,you defenitely have an uphill battle ahead.
Old 06-22-2009, 03:30 PM
  #91  
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Originally Posted by redzone
I'm not getting this......did you notate the damage when delivered on the delivery recipt or was the damage discovered after the truck had left?

Because if you signed off on the car as delivered you may very well be SOL. Also,I'm not trying to be arguementative at all & wish you the best of luck,but where have you gotten the notion that if you bring suit that the defendants have to prove their innocene vs you proving who is responsible? That's not the way the court system works.

Again,best of luck resolving this issue,you defenitely have an uphill battle ahead.
Damage was noted on the bill of laden and signed-off. I got the notion from an attorney. Thanks for the best wishes.

Martin
Old 06-22-2009, 03:44 PM
  #92  
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Originally Posted by Weekender1952
Damage was noted on the bill of laden and signed-off. I got the notion from an attorney. Thanks for the best wishes.

Martin
Glad to hear you notated damage when received.......no doubt then that one of the two parties will have to pay for repairs,it'll be up to the judge to decide which party

As others have already suggested,I'd go ahead & have it repaired because even best case scenario unless one of the defendants owns up to damaging the car you're probably many months away from a judgement.
Old 06-22-2009, 04:47 PM
  #93  
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Originally Posted by GCD1962
Progressed to what, that no one takes responsability for their own actions? Do you mean we've progressed to the point where we sue anyone we want when we fail to take prudent measures buying something blindly? It's not buyer beware, he had ample time and opportunity to do inspections and if something was wrong he could have pinpointed blame. He choose not to do this.

OP also has a thread going asking if the speedometer on a C-6 can be turned back. Doesn't seem like he's telling all the story on the car, or problems he believes he has
#1- he DID inspect the car, so he performed his responsibility;

#2- if someone wrongs you, you have the right to sue;

#3- because he inspected and noted on the final write-off when delivery was performed, he is taking reasonable steps to mitigate his damages;

#4- until we see otherwise, i think we should at least look at the evidence the OP is stating in the light most favorable to the OP.

Maybe something wrong DID happen to him and he is seeking advice from us. Why would I ASSUME he is lying? We should be here to help, not criticize.
Old 06-22-2009, 04:51 PM
  #94  
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based on florida law (i know that doesn't apply here) you might have the ability to sue both companies in your home state in small claims court.

your best argument to keep them in your home state will be to file a claim with the county court where the contract was formed. this would require them to come to your state instead of the other way around.

the most obvious point is that YOU did not damage the car. good luck with whatever happens. my opinion is that it should be really easy to prove the carrier did the damage because of the chain of custody. it's not your burden to prove they did the damage, it's theirs to prove they DID NOT do the damage. had a proper inspection been performed by the shipper, they could have avoided this situation if they were not the cause of the damage.
Old 06-22-2009, 08:17 PM
  #95  
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This whole thread is pure entertainment. Martin if this is such
a big problem to you there is one option you have not mentioned.
Find yourself a good lawyer that YOU will be willing to put up
money to retain his service AND SUE. End of story.
This seems to be a alot of bla-bla-bla.
SUE or forget it and just fix and drive.
Good luck.
And I will respond as much as I like.
Old 06-22-2009, 09:12 PM
  #96  
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Originally Posted by road pilot
This whole thread is pure entertainment. Martin if this is such
a big problem to you there is one option you have not mentioned.
Find yourself a good lawyer that YOU will be willing to put up
money to retain his service AND SUE. End of story.
This seems to be a alot of bla-bla-bla.
SUE or forget it and just fix and drive.
Good luck.
And I will respond as much as I like.
Thanks Road Pilot,

I think I can see the entertainment value. I guess you wouldn't have been as stupid me as to expect a dealer and a transport company to deliver a new car in good condition. I asked a simple question at the beginning of all this. What followed was driven purely by other members. I have a good attorney (she) but at the end of the day why should I need an attorney to rectify what is a simple problem. I just don't get it.
Old 06-22-2009, 10:06 PM
  #97  
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Originally Posted by road pilot
This whole thread is pure entertainment. Martin if this is such
a big problem to you there is one option you have not mentioned.
Find yourself a good lawyer that YOU will be willing to put up
money to retain his service AND SUE. End of story.
This seems to be a alot of bla-bla-bla.
SUE or forget it and just fix and drive.
Good luck.
And I will respond as much as I like.
People always say: "go hire a lawyer and sue".

Do you know how much that costs? I would not be eager to write a retainer check for $3K to $5K.

One more thing - in most cases - I might get the car fixed and then pursue reimbursement. Since this damage is not visible or structural - it might pay to leave it until the is settled

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Old 06-22-2009, 11:01 PM
  #98  
chirocorvette
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While I certainly sympathize with the OP, by your own emmision, the damage can hardly be seen and the fix is $700. To me, this is not that big a deal. If the damage is really that offensive, pay to have it fixed and file a claim against the transporter's insurance co. Maybe they fix it. Worst case scenario, it's only $700. I know it's still $700, but in the grand scheme of a $40,000+ car.... I don't think that the damage gets reported to carfax, so it should be no problem in the future.

So again, I certainly sympathize, but at some point it becomes 'buyer beware.'
Old 06-23-2009, 12:26 AM
  #99  
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Very interesting post! I have read all posts and chirocorvette has a point, If this would show up on a carfax you might be better off fixing it yourself. You know how pickey Corvette people are when it comes to a carfax showing damage. Also if you do sell it on here, someone will do a past post search and find out its been damaged. With over 100 miles on it I wonder if a test drive by a non-corvette owner could have damaged it and not said anything. When I let my brother drive my last Vette he scraped the under side of the front bumper by misjudging how low it was. I'd ask for 350.00 from each of them to settle this before lawyers and insurance companys get involved. Good luck and having A corvette buddy with you really paid off!
Old 06-23-2009, 07:18 AM
  #100  
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The clover confetti ? The jackass dealership must have used it in a parade or something, perhaps St. Patty's day. They don't have to title the car so technically they could drive it in this manner. Someone probably inexperienced with the corvette probably did the damage. I know that Sacramento does have a few st patty's day events, so maybe they were a sponsor or something.

Last edited by kev1n; 06-23-2009 at 07:21 AM.



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