European buying a boat in US and getting screwed

ss9940_2

Petty Officer 2nd Class
Joined
Apr 13, 2007
Messages
142
Hi there fellow IBoaters!

First of all, i would like to explain the situatuion i'm in currently, and would gladly accept any suggestions you might have on the matter. Ok, here i go:

I bought a 1997 Chaparral 31 Signature in december in MA (first time for me visiting US). Everything went smooth, no problems whatsover. After buying it i travelled back to Europe in order to arrange a transport from US to Europe. What i did:

- i arranged and prepaid for the actual transport
- i arranged and prepaid the trucker for the transport from MA to the port of departure (in my case Newark, NJ)
- i arranged and prepaid a cradle that had to be built for the transport

The shipping was booked for 4th of february and the latest date of boat delivery was on 29th of january. Because of that, I specifically said to the cradle company that the cradle MUST be in the dock by 21 or 22nd of january.

After I did all that, it became clear that the radar arch must come down (the boat was too high). The shipper also told me that i have to cover all the docking fees (he didn't want to accept any money in order to do that for me). Well, I decided that I'll fly to the US again and take the radar arch down mysef + travel with the trucker to NJ and pay all the docking fees. The first part went down smoothly, I successfully removed the radar arch, the 2nd part is where the trouble began. When me + the trucker reached the docks (that was on 25th of january), the cradle still wasn't there (i got written confirmation that it was picked up by UPS on 17th of january. I was using the telephone like mad to get the cradle company and get cradle down there, but failed, so the trucker had to stay overnight in order to wait for the cradle. He also stated that he would charge extra $1600 for the overnight stay (the transport alone from MA to NJ cost $1475). The next day (today) the cradle came to the port, but because of some birocratic bull**** they didn't let it in; the driver had to wait again. After 3 or 4 hours of intensive phonecalling, we finally got the things going. This time, the driver raised his sum for another $200, cause he couldn't drop the boat in the morning and drive back, so he wanted $1800 total (isn't that a bit high??). I tried to talk to tell him that it wasn't my fault that the cradle wasn't there or that he had to wait for 3 hours next day, but he wanted the money right away or he wouldn't unload the boat.

What could i do? The boat was at the dock, I finally got the things going and he said he won't unload the boat unless i pay him, so I did. Now what I want to know is if there is any option for me to get that money back from the cradle company? Since I'm not from the US, are my chances grim? Should I even try to accomplish anything or should i rather forget the thing? I'm pissed off cause I know the delay isn't my fault (got written proof), and still had to pay those $1800.

Well thank you for your suggestions / comments!

Alex
 

SpinnerBait_Nut

Honorary Moderator Emeritus
Joined
Aug 25, 2002
Messages
17,651
Re: European buying a boat in US and getting screwed

Would take it up with the cradle company and the shipping company both.
You should not have to pay for their mistake.
 

scoutabout

Lieutenant Commander
Joined
Oct 14, 2006
Messages
1,568
Re: European buying a boat in US and getting screwed

You certainly shouldn't have to pay for their mistake but I'm afraid you may spend even more time, energy, and money pursuing it -- especially long distance. A couple hours of lawyers fees, maybe another trip, hotel, car, etc, etc, and you will be well beyond that $1800. By all means inquire but consider saving your time and energy enjoying your new boat. Just my .02.
 

jddenham

Petty Officer 1st Class
Joined
Aug 8, 2006
Messages
393
Re: European buying a boat in US and getting screwed

Write the better business bureau. The trucker shouldn't have charged so much, and the cradle co. was late.
 

orion25

Petty Officer 1st Class
Joined
Aug 7, 2007
Messages
386
Re: European buying a boat in US and getting screwed

The driver took advantage of you. Unless he owned the truck and trailer he gets paid somewhere around $1.25 per mile of driving. With federal regulations on driving time the most he can make in a day is about $800 to $1000 per day.

Where I work we have drivers and equipment on stand by at various times. We pay their company $500 per day per driver/truck if we do not use them or if we hold them more than 8 hours and then use them. It is not that big of a deal for us since we will put more than $1 million on that trailer if we use it.

Think about it. He wanted $1600 for an overnight stay and then only $200 for what was probably 5 to 6 hours. That math seems a little off to me. If he worked for a transport company then contact them and inquire about their detention rates. If he was independent then you are up the creek.

Finally, it sounds like the problem with the Cradle company was that they did not use any kind of guaranteed service with UPS. Regular UPS ground or UPS freight has no guaranteed time of delivery. They will deliver when it is most economical for them.
 

bjcsc

Lieutenant Commander
Joined
Jun 1, 2006
Messages
1,805
Re: European buying a boat in US and getting screwed

I think you learned the hard way why people use shipping brokers, especially now with all the security. If you don't have all your ducks and their children in a row when you're working with the port bad things happen that will cost you money. Don't take this the wrong way, as I don't think you were treated fairly, but the best thing you can do is learn from this and make sure everything on your end is ready to move the boat out of the receiving port. I don't know where you're from or how their ports operate, but if you think that truck driver took half your sandwich you'll be really surprised at the costs of that boat sitting at the port and extra couple days (at least here in Charleston)...
 

flashback

Captain
Joined
Jun 28, 2002
Messages
3,987
Re: European buying a boat in US and getting screwed

Alex, That's a tough one,, I think the trucker had every right to charge you, He most likely had another haul that he lost..and on top of that, a pissed off customer..I think the cradle company should help you out with this, but that is probably not going to happen..Bjcsc had it right when he said use a broker, unfortunatly, that's not helping now...Have you recieved the boat yet,,once you get it home, and get to tinkering with it, you'll forget all about this...good luck....
 

F_R

Supreme Mariner
Joined
Jul 7, 2006
Messages
28,226
Re: European buying a boat in US and getting screwed

I'd say the trucker was fair. He lost not only his miles, but probably another load/trip.

I suppose you could sue the cradle company for breach of contract....maybe. Lawyers don't come cheap and you would spend more than you are out in order to persue the issue. I recently consulted a lawyer concerning a family squabble and he wanted $3000 up front.

Just wondering, are boats that scarce or expensive in Europe? It doesn't seem reasonable to go through what you did to ship one from over here.
 

dingbat

Supreme Mariner
Joined
Nov 20, 2001
Messages
16,313
Re: European buying a boat in US and getting screwed

If you signed a contract with the cradle company I'll guarantee you that you signed a standard contract without a penalty clause for late deliveries. Without setting specific recourses for a late delivery you’re pretty much out of luck. Even if you could prove negligence in the cradles delivery I’ll guarantee you that there is a paragraph very similar to that below which limits their liability to the price of the cradel.

The maximum liability of Seller to Buyer arising out of or in connection with this agreement shall in no case exceed the actual amount paid to Seller by Buyer for the products to be delivered hereunder. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS OR LOST PROFITS.

As for the truck driver, unless you had a signed contract where is was stipulated that the job would cost $XXXX or his hourly rate in effect for the job was $YYYY your out of luck unless you can prove that the charges where unusual and excessive in a court of law which is doubtful given the circumstances


Just wondering, are boats that scarce or expensive in Europe? It doesn't seem reasonable to go through what you did to ship one from over here.

The exchange rate is now $1.46 USD to the Euro. If he's from the UK your looking at $2.00 to the UK Pound. He's basically getting a 46% discount on the Euro and a 50% discount with the pound.
 

Bondo

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Staff member
Joined
Apr 17, 2002
Messages
71,084
Re: European buying a boat in US and getting screwed

After I did all that, it became clear that the radar arch must come down (the boat was too high). The shipper also told me that i have to cover all the docking fees (he didn't want to accept any money in order to do that for me). Well, I decided that I'll fly to the US again and take the radar arch down mysef

Just Curious,......

Just What did it end up costing you, Total, for taking the arch down,+ properly packaging it for transport,..??
 

ss9940_2

Petty Officer 2nd Class
Joined
Apr 13, 2007
Messages
142
Re: European buying a boat in US and getting screwed

Just Curious,......

Just What did it end up costing you, Total, for taking the arch down,+ properly packaging it for transport,..??

Hey Bondo! Well, i ended up doing it myself, so what it cost me was an air ticket to NY (400 eur), rent-a-car (200 eur), a place to stay (400 eur) and some work :p Additionaly i solved all the troubles with the transport, as stated above.

Alex
 

SgtMaj

Lieutenant Commander
Joined
Nov 19, 2007
Messages
1,997
Re: European buying a boat in US and getting screwed

$1800 not worth pursuing?? $200 is worth pursuing. For an $1800 case you don't need a lawyer... so sue them for the maximum allowable in the small claims court with jurisdiction. That will either be $9,999.99 or $14,999.99... Why so high? because you can also get compensated for your legal fees (should be somewhere in the neighborhood of $100-300)... the time and hassle, even your telephone bills for those calls. Most likely they will just settle the suit with you anyway.

Anyway, before you do any of that, contact the cradle company via certified mail requesting them to pay the additional fees due that were incurred due to their breech of contract... better yet, have a paralegal write the letter on letterhead. I give it 50-50 odds they will pay without a fight.

PS - if you suspect they may have been working with the transport company in order to rip you off, contact the FBI and let them handle the criminal case first. After the criminal case goes to trial, then bring your civil suit.
 

Haut Medoc

Supreme Mariner
Joined
Jun 29, 2004
Messages
10,645
Re: European buying a boat in US and getting screwed


I would contact the BBB & see what kind of track record these two companies have.....;)
Odds are you are out the money......:(
But at least give it a shot.....:)
 

amynbill

Petty Officer 1st Class
Joined
Sep 22, 2007
Messages
242
Re: European buying a boat in US and getting screwed

The amount the trucking company charged seems a bit steep to be charging a preson, but it isnt out of this world.

I use trucking companies every day here at work, shipping crates and such all over the world.

Typically, it is around $65/hr waiting time at the convention centers ( I ship displays and materials to convention centers as I build large trade show displays.) if they arrive and the center isnt ready to accept. Some shipping companies allow for up to 4 hrs waiting time.

The times drivers had to stay overnight, the bill was in the area of $1k-$1500 or so depending on the city.

You cannot blame the trucker for charging you, it is the norm. How much he is charging is up for some debate. I would try and settle for less, but dont get your hopes up in this case. With us, we are dealing with large companies in general who wont balk at a bill like that. As a single person just trying to get through life, I can see your problem with paying it, and you may be able to plea your case and have them understand.

As far as the cradle company, if it was shipped on time, and they can prove it, they are absolved. They cannot help what happens once their product leaves.

This is why we play the law of averages game here at my company. Expect that something will go wrong at any one point. Kinda sucks.
 

Hashi

Chief Petty Officer
Joined
Sep 19, 2007
Messages
502
Re: European buying a boat in US and getting screwed

Man...sorry to hear this.

I really don't think you have a case. Wasn't trucker's fault and technically the cradle company could probably prove they shipped it to reach its destination on time. My advice would be to read the contracts and see a lawyer. But is it really worth for you to go back and forth?

Good luck!
 

oops!

Supreme Mariner
Joined
Oct 18, 2007
Messages
12,932
Re: European buying a boat in US and getting screwed

what amynbill said......(btw..good to see ya bill)

the truck isnt your prob...the cradle comp is

if you were gaurenteed del date......if it was shipped on time...no luck...
if it was late shipped....i think the best your gonna get is a fifty fifty split....if any at all.....

the bbb is an arbitrator...with no legal enforcement....the person can ignore their findings with no consenquences......none...

i would check your cradle shipping bill see what time they were called to pick up...not what time they picked up....if the cradle was not finished in time to meet the gaurentee...(called for pick up) ...you might have a case..

anything else is a no-go.........
i feel bad for ya that this happend.....someone should shoot murphy and his laws:mad:

oops
 

gonefishie

Commander
Joined
Jul 28, 2004
Messages
2,624
Re: European buying a boat in US and getting screwed

From the look of things you seemed to be a high roller or you really got screwed. $400 for a car rental? :eek: $800 for a place to stay? :eek: 50+ thousand for the boat? :eek: Why worry about $1800? :eek:
 

Nandy

Commander
Joined
Apr 10, 2004
Messages
2,145
Re: European buying a boat in US and getting screwed

In short, live and learn. Let it go by, drink it down in the first trip of your new boat.
 

scoutabout

Lieutenant Commander
Joined
Oct 14, 2006
Messages
1,568
Re: European buying a boat in US and getting screwed

On the topic of saving a buck on trucking companies and shipping boats, I discovered you could save a considerable amount of money if you ask them to make your trip while they are returning empty from somewhere. Case in point, a quote to ship a boat up to Canada from Boston was a good 30% cheaper if I was willing to wait until the Niagara area company that does that run regularly was returning with an empty truck. Not going to always work out, but worth asking.
 
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