Help I being Screwed!!

[J_J]

there was 1600 hrs on it and i was told by the owner that had never happened on the machine. I was the lucky person it happened to. I have solicited info from manufacturer about the service schedule on this tractor. I also sent pics in hope they would determine what happened.

I ran a car rental business for 4 years. I understand rental. There are two sides to this. 1- i abused the equipment or 2- it was wear and tear

There has to be some good faith between people. Besides when I look at the pics it seems to me either all the old looking scratches did the damage or that the part is just 1600 hrs old.

What I meant was, how many hours had you been using the BH, before it broke. Just started using it, several hours, or 6 to 8 hours. Based on the hour meter, they can tell how much work was done, or that the engine was running. Look for any rust they may have painted over.

 

[greenmule]

Nediver,thought you said you signed something saying you would be responsible to fix anything that broke?? I f you did,than you ain't got a real strudy leg to stand on.

Yeah understand the wear and tear stuff,[you can tell I do from my other posts in this thread,]but I also said in my opinion the contract was the binding legal thing.

Are all contracts like that? I have never rented a piece of heavy equipement. But if thats the case,if the alternator went out,you'd be responsible to buy a new one for it!

 

[CDsdad]

Make them make you pay, if you believe it was wear and tear. I wouldn't pay them anything and would stop payment on the rental if it wasn't a cash transaction.

 

[nediver]

Nediver,thought you said you signed something saying you would be responsible to fix anything that broke?? I f you did,than you ain't got a real strudy leg to stand on.

Yeah understand the wear and tear stuff,[you can tell I do from my other posts in this thread,]but I also said in my opinion the contract was the binding legal thing.

Are all contracts like that? I have never rented a piece of heavy equipement. But if thats the case,if the alternator went out,you'd be responsible to buy a new one for it!

the wording is touchy because in one part it makes it seem that if anything breaks its your fault. also when i spoke with owner he said to me, "its a machine and things break it is what it is" i was infuriated. There is a part where it says that I am repsponsible for everything except wear and tear. All, rental contracts are the same or pretty close...but not every rental company or experience.

 

[horse7]

This sort of thing is why I always buy the "insurance" they offer. If anything happens it isn't my fault no matter what-- and rental equipment has the snot beat out of it by some people, other people use the rentals as a learning experience about equipment limits before babying their own tools, although many people are at least reasonable although not particularly careful since it is a rental.

I would never accept a contract that said I had to potentially pay damages unless it was very clear exactly what that means and was an acceptable risk in my opinion.

A friend bought a couple of ASVs that were former rentals, at the time he bought the hook line and sinker about rental companies maintaining their equipment etc etc etc.. Got a good price then had to spend all the savings on fixing the broken welds and worn out parts... plus his own labor. The ASV manual says don't do certain things, well, renters don't care or just don't know (that is how many of the weldments were cracked).

Which brings up an interesting point, did they tell you how to use this tool, or just say here's the key, these levers do this or that, and expect the user to know the limits? No rental place has ever told me anything other than how to run the tools, although I have never rented a hoe or lift or anything like that (maybe they don't care since I always buy the insurance!).

 

[greenmule]

OK,well maybe it did say wear and tear,so maybe you do have a good leg to stand on after all,

 

[workinallthetime]

Just a thought but when that thing blew didint it dump a bunch of hydro fluid all over the place? Tell them your are considering reporting them to the EPA for allowing equipment to be rented out that had obvious issues and now you have contaminated soil to deal with.

 

[Travelover]

This sort of thing is why I always buy the "insurance" they offer. If anything happens it isn't my fault no matter what-- and rental equipment has the snot beat out of it by some people, other people use the rentals as a learning experience about equipment limits before babying their own tools, although many people are at least reasonable although not particularly careful since it is a rental.

.....<snip>......

The rental place I used to work at started with an optional 5% surcharge damage waiver. Most people took it and it was extremely profitable. The difference between customer claims of those that bought it and those that didn't were this; If you bought it, we never charged for damage, even if abusive. If no damage waiver, we almost never charged unless flagrantly abusive. Abuse is generally hard to prove and claiming it generated bad will.

I noticed that the damage waiver is mandatory now.

And it is true that rental equipment has a hard life. People are in a hurry because they are against a clock and they are inexperienced with the equipment.

 

[radioman]

Looks like a lawyer is needed to reread the contract he signed to be on the safe side. If he get a lawyer and if they are smart, they would hire a hydraulic expert to take a look a look and make an report. Only then they can decide which way to go before he even think of contact his homeowners insurance.

 

[IH3444]

Worst case is the part should be pro rated for the 1600 hours. If it were a new machine, you may be liabel for the full amount, depending on the contract signed. A machine with 1600 hours has a certain amount of already existing metal fatigue, and seal fatigue (if it were leaking). Hence you shouldn't be charged fully for a new cylinder. The cylinder end was under designed in my "expert" opinon. Plus this is not a prototype machine. These have been produced, and tested, so the manufacturer of the hoe should be liabel also for it's replacement cost. Another point is that you most likely felt they wouldn't rent it to you if you didn't sign the contract for machine breakage. Once again, the rental company back you into a corner to sign the contract. No contract for breakage, no hoe to use. Are you getting any help at all on this from the rental place?

Wayne Hydraulics....what is the average life of a quality cylinder?