[TowerTalk] Advice needed regarding collection of tower damages from freight company

[Fritz Reuning K4OAQ]

This is a very long story but I'll do my best at keeping it short.  My US Tower TX-472MDP (72') arrived 19Aug99.  I inspected it carefully and saw no damage (mistake #1).  The packaging consisted of a 2" x 4" frame, which the tower was resting on, and a chip board box covering up the top end of the tower. I didn't know that I should have known what the original packaging looked like and made note that approximately 70% of the original packaging was missing (mistake #2).

The tower was unloaded and laid there for almost 2 months while I arranged to have the hole dug, the rebar cage built, the concrete poured and aged (mistake #3, hidden damage should be reported within 15 days).  The damage wasn't noticed until I had the tower installed (10Oct99), ran it up 12-15 feet, and then discovered it would not fully retract.  One of the brace plates on an inner section was bent out such that it was rubbing against the next section out.  It turns out that two inner sections have their brace plates bent.  The damage is consistent with what one fork of a forklift would make if it were inserted lengthwise into the base end and then lifted.

After having the tower inspected by a representative of the freight company, on 1Nov99, I submitted the damage claim to Watkins Motor Lines, Inc. and began to wait.  Incidentally, the claim is for an amount to replace the tower.  The reasoning goes like this: US Tower can't estimate the cost of repair without seeing the tower (the tower's in VA and US Tower is in CA), I don't want to move the tower until liability has been determined, hence I arrived at the max cost.

On 6Dec99, I learned that my claim had been declined because "this shipment was delivered without exception."  Over the phone I informed the Claims Analyst that I had explained in the information I had submitted why I had signed the delivery receipt without noting any damage (THE DAMAGE WAS HIDDEN.)  The Claims Analyst informed me that I needed to submit a rebuttal letter and that my claim would then be taken to the supervisor.

On 14Jan2000, I called the Claims Analyst and learned that my claim was still declined.  This time it was declined because I had not reported the hidden damage within 15 days.  We discussed various issues for about 5 minutes without any resolution.  I informed the Analyst that I saw no choice for me other than to pursue legal avenues.  The Analyst wished me to have a nice weekend.

I am currently in the process of writing a letter to the person in charge of the claims department at Watkins to make sure he concurs with the findings of the people underneath him.

Any advice or information that might help me in my predicament would be greatly appreciated.

73,

Fritz K4OAQ
k4oaq@mindspring.com



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