What to do if I ordered ceramic tile and over half of it was damaged?

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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 9 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.


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