Is a Bill of Lading from a moving company legal/binding if it was signed by a 3rd partyduring shipment and not myself as shipper?

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Is a Bill of Lading from a moving company legal/binding if it was signed by a 3rd partyduring shipment and not myself as shipper?

I purchased a shop compressor. The company stated that it gave “free shipping”. Yet after a month of it being in transit I was notified they could not deliver to my rural area and I would have to make other arrangements. I hired a local moving company who picked it up at the docks, signed off the freight company’s liability, and then delivered it to me whereupon there was damage and I refused it. They have had possession of it in their storage for nearly a year. I filed a claim with the “main” transportation company. I am being offered roughly $600 to settle although this is a new, nearly $1900 unit.

Asked on November 10, 2010 under General Practice, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is a very complex UCC case and who is responsible for what here needs to be worked put by an attorney in your area who can read all your agreements and determine liability.  First of all, who is "they" in the "they have had possession of it in storage" ?  What was the damage?  Was it caused during transport? Was it properly refused as per your agreement?  Did hiring the freight company yourself cancel some rights with the seller but give rise to other rights as per the liabaility agreement with them?  Why has it taken a year to settle and really, why has it been in storage?  Too many questions need to be answered here.  Please find help in your area.  Good luck.


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