The check was sent to us initially and we called MME and told them to re-issue it to WilbertThis matter is between Wilbert and MME, Don and Roy's is not involved anymoreHave some patience Wilbert, we can't make the US mail system move any faster than they already are
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear beloThank you Wakefield
Regards,
*** ***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below
I have never seen such smoke,mirrors and minutiaeDon & Roy's need to quit shirking their responsibility and step up to the plateNext thing you know they will point the finger of blame at ObamaI will address Don and Roy's response item at a timeAlso attached will be a email showing Don & Roy's refusal of a settlement offer from the freight company and emails showing they, by mistake, did not insure the shipment of my Waverunner as they told me they were going to.1) Don & Roy's state they specifically told and showed the shipping company how to handle the crate and, in their own words, how to use the fork lift to properly move the crateThis confirms that despite the do not fork from ends markings they know good and well there is no way to get that crate out of a truck without using a fork liftFurthermore Don & Roy's instruction at pickup does not instruct freight dock workers at a minimum of three instances of loading and off loading to get the crate to SpokaneI personally was at the delivery of the crate and followed Don & Roy's instructionMME's driver would not wait at the delivery point for the half an hour it took to uncrate the Waverunner so delivery was signed for "pending inspection" and that was noted on the bill of ladingAlso, sorry Don & Roy's, FOB does not mean freight on boardFOB means free on board and upon the changes in shipping methods FOB will be designated FOB Origin, FOB Port, or in this case FOB SpokaneFOB Spokane means legally and according to UCC code that the sale is complete at the buyer's doorstep and the seller is responsible for freight costs/liabilityDon & Roy's was responsible for freight costs, paid for the freight costs and even refused a settlement offer from the carrier because it was not for the full claimIf Don & Roy's were not liable what gave them the right to accept or reject any claim ?2) As stated above the BOL was signed "pending inspection" upon delivery because the driver refused to wait for the half hour it took to uncrate the deliveryUpon discovery of the damage I personally called MME in Spokane to report the damage to the unit within a half hour of deliveryI then emailed Don & Roy's and advised them of the damageContrary to Don & Roy's I do not have any employees, I'm just a regular personDon & Roy's required the delivery be made to a commercial location so I had it delivered to a friend's plumbing supply distribution center as they have the equipment and knowledge to handle large fiberglass objects properlySaid distributor also knows how shippers and shipping companies try to evade their responsibility, point fingers at others and flat out distort the truth just as Don & Roy's are doing nowI was assured there was additional insurance on the shipment which was not true and now Don & Roy's also is trying to justify that.3) I am so happy that Don & Roy's sympathizes with meDon and Roy's did not help rectify anything in fact they made it worseI am going after Don & Roy's because they are responsible to make me whole and they need to go after MME to regain their lossDon & Roy's refused a settlement offer from MME without consulting me or even telling me the dollar amount of the offerIf it was not Don & Roy's responsibility they never should have made such a decisionPlease do not even use the fraud smoke screen, Don & Roy's, that is a real desperate claim.4) I did receive the Waverunner in the proper method, this was not my first rodeo Don & Roy'sAgain I have no employees, pending inspection was noted and a half hour later a damage claim was madeThere are a minimum of eight witnesses to the whole delivery and discovery processAlso, Don & Roy's, if the Yelp review fits wear it !Regards,
*** ***
The watercraft left Don and
Roy's and was signed for by the shipper (AFTER the truck driver had inspected
it) stating that it was in perfect condition when it left our possession; we
take pictures of the machines we ship to ensure the vehicle is as represented
when it actually
leaves our possessionWe specifically told and showed
the shipping company, MME (Midwest Motor Express), DO NOT FORK FROM ENDS; and
had it marked on the crate at each end because the forks would damage the
bottom of the hull if not lifted properlyFurthermore, we personally told you
what to look for and how to handle the crate when receivedWe even showed the
shipping company how to use the fork lift to properly move the crate, and yes
we have pictures of that as well for our documentation and nowIt is the
responsibility of the person that signs for received items to inspect and note
any/all problems before the delivery person leavesYou are familiar with the
term 'FOB' (Freight On Board) - this term simply means that once the carrier
inspects and picks up the material from the supplier (Don and Roy's), the
supplier is no longer responsible for the material
When the watercraft arrived in the crate to Spokane WA,
you signed off on the BOL from the shipper stating it was received in perfect
condition"Your signature on the delivering carrier's freight Bill Of
Lading (BOL) is a contract and constitutes acceptance of the merchandise as is
and in good orderIf you do not inspect before signing you are, for all
practical purposes, waiving the right to collect on a damage claim even if the
damage is discovered later (known and concealed damage)Which questions did
your employees or the trucking company cause the damageThe picture you sent
me shows your employees forking from the end and instructed not to do, hmmm
The watercraft was shipped to a plumbing supply company upon the customers
requestA company that ships and receives fiberglass Jacuzzi's everyday,
performing the same inspections that company and their employees should be
doing on their own merchandise which makes you an expertWe assisted you with
the claims with the shipping company and the insurance company; and by the way,
we did have insurance on the shipment through MME called their carrier
liabilityWhat was mentioned in the Yelp.com review about Don and Roy's not
purchasing insurance is that we did not purchase additional insurance
through the shipper because their carrier liability far exceeded the value of
the watercraft and would have only added an unneeded expense to the customer
We understand and sympathize with the problems our
customer has encountered since receiving his brand new watercraft, but trying
to put the blame on Don and Roy's especially after all we have done to help
rectify the situation is wrongIt appears the only reason one would try to go
after Don and Roy's is because of the realization that MME is not going to pay
for a mistake that was not noted on the BOL upon receiving the watercraft
MME's intent as with ours is to protect ourselves against fraud
With regard to your UCC claim - that would be true if we
had misrepresented the product or outright tried to defraud you, none of that
took place in this case. You were
negligent in your process of receiving the PWC, assuming you inspected it on
arrival, assuming the trucking company damaged it and not your employees, all
you had to do was note the damage and MME would be paying your claim
Your Yelp.com review borders on defamation, as you are
blaming someone else for your negligence and is NOT based on known facts or
lawWe will not extend any financial consideration whatsoeverIt's past time
for you to do what is right - take responsibility for your error - and stop
blaming. We have enclosed a timeline of
photos reinforcing our position
The check was sent to us initially and we called MME and told them to re-issue it to WilbertThis matter is between Wilbert and MME, Don and Roy's is not involved anymoreHave some patience Wilbert, we can't make the US mail system move any faster than they already are
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear beloThank you Wakefield
Regards,
*** ***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below
I have never seen such smoke,mirrors and minutiaeDon & Roy's need to quit shirking their responsibility and step up to the plateNext thing you know they will point the finger of blame at ObamaI will address Don and Roy's response item at a timeAlso attached will be a email showing Don & Roy's refusal of a settlement offer from the freight company and emails showing they, by mistake, did not insure the shipment of my Waverunner as they told me they were going to.1) Don & Roy's state they specifically told and showed the shipping company how to handle the crate and, in their own words, how to use the fork lift to properly move the crateThis confirms that despite the do not fork from ends markings they know good and well there is no way to get that crate out of a truck without using a fork liftFurthermore Don & Roy's instruction at pickup does not instruct freight dock workers at a minimum of three instances of loading and off loading to get the crate to SpokaneI personally was at the delivery of the crate and followed Don & Roy's instructionMME's driver would not wait at the delivery point for the half an hour it took to uncrate the Waverunner so delivery was signed for "pending inspection" and that was noted on the bill of ladingAlso, sorry Don & Roy's, FOB does not mean freight on boardFOB means free on board and upon the changes in shipping methods FOB will be designated FOB Origin, FOB Port, or in this case FOB SpokaneFOB Spokane means legally and according to UCC code that the sale is complete at the buyer's doorstep and the seller is responsible for freight costs/liabilityDon & Roy's was responsible for freight costs, paid for the freight costs and even refused a settlement offer from the carrier because it was not for the full claimIf Don & Roy's were not liable what gave them the right to accept or reject any claim ?2) As stated above the BOL was signed "pending inspection" upon delivery because the driver refused to wait for the half hour it took to uncrate the deliveryUpon discovery of the damage I personally called MME in Spokane to report the damage to the unit within a half hour of deliveryI then emailed Don & Roy's and advised them of the damageContrary to Don & Roy's I do not have any employees, I'm just a regular personDon & Roy's required the delivery be made to a commercial location so I had it delivered to a friend's plumbing supply distribution center as they have the equipment and knowledge to handle large fiberglass objects properlySaid distributor also knows how shippers and shipping companies try to evade their responsibility, point fingers at others and flat out distort the truth just as Don & Roy's are doing nowI was assured there was additional insurance on the shipment which was not true and now Don & Roy's also is trying to justify that.3) I am so happy that Don & Roy's sympathizes with meDon and Roy's did not help rectify anything in fact they made it worseI am going after Don & Roy's because they are responsible to make me whole and they need to go after MME to regain their lossDon & Roy's refused a settlement offer from MME without consulting me or even telling me the dollar amount of the offerIf it was not Don & Roy's responsibility they never should have made such a decisionPlease do not even use the fraud smoke screen, Don & Roy's, that is a real desperate claim.4) I did receive the Waverunner in the proper method, this was not my first rodeo Don & Roy'sAgain I have no employees, pending inspection was noted and a half hour later a damage claim was madeThere are a minimum of eight witnesses to the whole delivery and discovery processAlso, Don & Roy's, if the Yelp review fits wear it !Regards,
*** ***
The watercraft left Don and
Roy's and was signed for by the shipper (AFTER the truck driver had inspected
it) stating that it was in perfect condition when it left our possession; we
take pictures of the machines we ship to ensure the vehicle is as represented
when it actually
leaves our possessionWe specifically told and showed
the shipping company, MME (Midwest Motor Express), DO NOT FORK FROM ENDS; and
had it marked on the crate at each end because the forks would damage the
bottom of the hull if not lifted properlyFurthermore, we personally told you
what to look for and how to handle the crate when receivedWe even showed the
shipping company how to use the fork lift to properly move the crate, and yes
we have pictures of that as well for our documentation and nowIt is the
responsibility of the person that signs for received items to inspect and note
any/all problems before the delivery person leavesYou are familiar with the
term 'FOB' (Freight On Board) - this term simply means that once the carrier
inspects and picks up the material from the supplier (Don and Roy's), the
supplier is no longer responsible for the material
When the watercraft arrived in the crate to Spokane WA,
you signed off on the BOL from the shipper stating it was received in perfect
condition"Your signature on the delivering carrier's freight Bill Of
Lading (BOL) is a contract and constitutes acceptance of the merchandise as is
and in good orderIf you do not inspect before signing you are, for all
practical purposes, waiving the right to collect on a damage claim even if the
damage is discovered later (known and concealed damage)Which questions did
your employees or the trucking company cause the damageThe picture you sent
me shows your employees forking from the end and instructed not to do, hmmm
The watercraft was shipped to a plumbing supply company upon the customers
requestA company that ships and receives fiberglass Jacuzzi's everyday,
performing the same inspections that company and their employees should be
doing on their own merchandise which makes you an expertWe assisted you with
the claims with the shipping company and the insurance company; and by the way,
we did have insurance on the shipment through MME called their carrier
liabilityWhat was mentioned in the Yelp.com review about Don and Roy's not
purchasing insurance is that we did not purchase additional insurance
through the shipper because their carrier liability far exceeded the value of
the watercraft and would have only added an unneeded expense to the customer
We understand and sympathize with the problems our
customer has encountered since receiving his brand new watercraft, but trying
to put the blame on Don and Roy's especially after all we have done to help
rectify the situation is wrongIt appears the only reason one would try to go
after Don and Roy's is because of the realization that MME is not going to pay
for a mistake that was not noted on the BOL upon receiving the watercraft
MME's intent as with ours is to protect ourselves against fraud
With regard to your UCC claim - that would be true if we
had misrepresented the product or outright tried to defraud you, none of that
took place in this case. You were
negligent in your process of receiving the PWC, assuming you inspected it on
arrival, assuming the trucking company damaged it and not your employees, all
you had to do was note the damage and MME would be paying your claim
Your Yelp.com review borders on defamation, as you are
blaming someone else for your negligence and is NOT based on known facts or
lawWe will not extend any financial consideration whatsoeverIt's past time
for you to do what is right - take responsibility for your error - and stop
blaming. We have enclosed a timeline of
photos reinforcing our position