Date:         Tue, 18 Jul 2000 23:36:01 -0400
Reply-To:     "Horace K. Sawyer" <firestream@mindspring.com>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         "Horace K. Sawyer" <firestream@mindspring.com>
Subject:      Re: Trucking Companies/Vanagon Content
Comments: To: Harry Patrick <goeire@webtv.net>
In-Reply-To:  <12627-3974BF71-7954@storefull-168.iap.bryant.webtv.net>
Content-Type: text/plain; charset="us-ascii"

>
>Shipper did say contract did provide that they could consign part of
>delivery to other trucking companies.
>
>Since I paid for delivery to my zip code I think the trucking company is
>responsible for delivery and safe unloading at my destination address.
>

Guestimated Answer:
Depends on what your contract with seller says.  Probably, "FOB" seller
address.  Nevetheless, the seller generally is obligated to ship to THE
ADDRESS OF BUYER when selling.  Not some backwoods terminal.  : )
Naturally, the trucking company wants to do as little as possible.  Their
obligation is to the SELLER.  He arranged for and paid for shipping (I
presume).  Otherwise, they would have to answer to you.  So, find out what
seller paid for and contracted for in the way shipment.  Sounds like
shipper has the right to hire other carrier to complete the mission.   BUT
seller's contract with shipper may be for delivery via terminal to terminal
only, who knows.

Maybe you should just do the job right at the Consolidated Freightways
loading dock.  Save some time.  Let's just plan on that.  I will just meet
you there and help on the install rather than working my *ss off in a
protracted court litigation.  Will be cheaper for me in the long run.   I
wouldn't make much of a fee on contingency of shipping costs.     : )

But hey, wait a minute, it's coming altogether now, while we're there, we
could always fall off the loading dock trying to get the engine where they
should have put it in the first place.  He he

Hey, I would make a 100% instead of 25% on my own contingency . . .

HK
______
Home of free vanagon legal academy, no warranties, prohibited in all 51 states.

Noteworthy cases:
represented defendant in State v. Doktor Tim
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Random House, 1989.   (Didn't sell too well)