ESTES Freight Lines update


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Posted by APB in tropical NY on Wednesday, November 05, 2008 at 00:10:51 :

Members: I know this is geting tedious for all of you, so I beg your
indulgence for just a little time longer. The more times this thread
gets bumped will ensure that the web crawlers will put it at the top
of any search for "ESTES Freight Lines" Here is my most recent
communication to their claims adjuster, who asserts that they are
liable, via their tariffs, for only $0.10 (ten cents) per pound, since
the classification was "used electrical apparatus."


Mr. Hawthorne: It is obvious that several things happened during the
transportation of our equipment, and it is equally obvious that ESTES
and its employees are not being forthcoming in explaining the
circumstances of the damages. The type and extent of physical damage
could only have been caused by a violent event, such as a rollover or
collision. The fact that all the packaging was missing upon arrival in
West Babylon needs to be explained. The extent of the damage to heavy
10-gauge steel structural members is astonishing, in itself.

We question your assertion that the tariffs limit your exposure to a
value of $1.00 per hundredweight. Is there not a clause that covers
intentional damage or incompetence upon the part of your employees?
How about criminally malicious damage? Can you explain the missing
packaging, and the feeble attempt by persons unknown to forge the
additional wording at the bottom of the delivery receipt? How and why
was the equipment delivered laying on its side? It weighs 3,000
pounds. To get it into that position would have required a great deal
of imagination and struggling by men and machines. If the packaging
had been inadequate at that time of the loading, should not your agent
or employee refused to pick up the equipment?

At the time of my initial negotiations with Jessica at your Virginia
offices, we carefully explained the nature and value of the equipment.
Had we been warned, at that time, that ESTES was incapable or
unwilling to carry such equipment, we would have used another carrier.
At no time was the liability limit explained to us, nor were we
advised to "see the website" as you suggested. We did not state that
the equipment should be classified as "used electrical apparatus."
Your company made that determination. We have never signed any
contract, or statement of type or value of equipment, or waiver of
rights in the event of damages. At one point in the negotiations, in
fact, we tried to get a lower price for the transportation, citing the
fact that the equipment was valuable and historically significant
material being transferred from one non-profit museum to another.
Jessica transferred our call to a man who identified himself as (I
think) "Tad" who listened to our exact description of the equipment
and made a decision to allow us a discount on the shipping charges. He
was completely aware of the provenance and value of the equipment
during that conversation. Ask him.

So far, we have never seen any paperwork that details the contract
between ESTES and our company. Can you explain why ESTES picked up a
piece of equipment and carried it all the way across the US without a
signed contract? Does this fictional contract explain the limits of
your liability, as you have explained it to me today? If we had been
able to view such a contract, and had been made aware of the liability
limits, we would have not used your company for the job.
We renew our claim and our very strong request that you do some
investigating that will perhaps shed some light on these disturbing
circumstances. We are prepared to offer signed and notarized
statements from the owner of the American Museum of Telephony, his
curator, and others who were aware of the methods and materials used
to package the equipment, as it left California. Further, we can offer
signed depositions from others who are intimately aware of the value
and packaging of this equipment, including the former owner before it
was owned by the Museum of Telephony. They are all prepared to
testify at any proceedings as may be necessary.

We intend to pursue vigorous legal action against ESTES and its agents
and employees if we are not compensated for our losses. We are
considering taking two separate actions against ESTES (malicious
damage to our property and refusal to honor a contract) in Small
Claims Court. That court is on Shelter Island, NY.

We are also considering filing a report with the Suffolk County Police
Department and the New York State Police Motor Carrier Division, for
an unreported commercial motor vehicle accident with damage to
contents. We intend to get to the bottom of this story, and then we
intend to tell it publicly.

Please have someone at ESTES with settlement authority contact me
immediately.



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