Generator Damaged by Shipping Company

[Woodsman]

I recently ordered a generator from a company and paid the same company $250 to ship the item to me. When I collected the generator from the freight depot I was surprised that it was only protected by a cardboard box, yet it weighed about 250lbs.

When I got home and assembled the gen. There was no power output.

I contacted the company and they said it must be the voltage regulator and sent a replacement. I mentioned that the generator was badly packaged and looked like it had been dropped. They replied that it was sent on a wooden pallet, but the pallet must have been broken and removed at some point.

After further repairs the generator still does not work. The company has stated that it is my responsibility to return the generator to them for repair and at my expense. They also said that I should claim against the shipping company for the costs.

My view is that they should pay the return shipping costs and if necessary reclaim the money from the shipping company.

I paid the vendor to ship the item to me. i did not contract with the freight company. Surely the contract and therefore the claim for damages is between the vendor and freight haulier.

This all happened in Canada, but I would think the law is fairly universal. I asked BBB to assist, but all they did was transfer emails. They didn't help matters one bit.

Who should pay the $250 each way to have the generator repaired/replaced?

(I have also to build a wooden crate to return it)

Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to their behavior...

[Woodsman]

Thank you for the reply.

Presumably, Ontario allows small claims representation via telephone conference, as do other provinces.