What to do if I ordered ceramic tile and over half of it was damaged?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I ordered ceramic tile and over half of it was damaged?
I picked it up from the trucking company warehouse instead of sitting home waiting for it. The tile company said they could not file a claim with the trucking company because I picked it up and did not let them deliver it. I filed a claim with the trucking company myself but they only gave me half the value of the damaged tile and called it a “concealed damage compromise”. Was the tile company lying to me about not being able to file a claim because I picked up the tile myself? Can I take the tile company to small claims court to get the other half of the money?
Asked on October 18, 2012 under Business Law, Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the tile that you received was damaged you need to make a written claim with the manufacturer and the shipper for replacement costs. It does not matter if you picked up the tile on your own or had it delivered. The key is to document the damage as soon as possible in writing to the shipper and manufacturer.
As to lying by the tile company I cannot render an opinion on that issue since that is for the judge or jury to decide. Small claims court may be your legal option of the dispute cannot be settled on your own.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.