Help I being Screwed!!
- Thread starter nediver
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JoelD
Veteran Member
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- Jan 27, 2005
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- Windham, NH and York, ME
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- Kioti LK3054xs TLB, 2004
Be sure to cancel your payment of the rental if not too late.
Tell them to pound sand and let them sue you.
Don't forget to remind everyone and anyone you know to never do business with this rental house.
Oh yeh, does this mean if my tractor breaks I can make a claim on my homeowner's insurance?
Sorry to repeat myself, but no point in renting equipment if you need to pay for what someone else may have broken.
Joel
Tell them to pound sand and let them sue you.
Don't forget to remind everyone and anyone you know to never do business with this rental house.
Oh yeh, does this mean if my tractor breaks I can make a claim on my homeowner's insurance?
Sorry to repeat myself, but no point in renting equipment if you need to pay for what someone else may have broken.
Joel
J_J
Super Star Member
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- JACKSONVILLE, FL
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- Power-Trac 1445, KUBOTA B-9200HST
Where is the backhoe now? I would find a hydraulic shop, and hire the hydraulic tech to go look at the cylinder and write up his estimation of why the cylinder broke. He might just take a case of beer for the write up. but only if it is in your favor, cash is good. . The words you want to hear from him is stress, normal wear and tear. maybe some rust around the neck of the cylinder. Hoverer, if he gives you an honest appraisal, not in your favor, you should not fault him, because you ask for an honest evaluation.
How long did you use it before it broke?
I have taken a lot of this advice. thanks
J_J
Super Star Member
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- Sep 6, 2003
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- 18,952
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- JACKSONVILLE, FL
- Tractor
- Power-Trac 1445, KUBOTA B-9200HST
So you returned it with the same hours on it. just 2 min. That is definitely in your favor. You should have taken a picture of the hour meter, in case they run it up to some more hours.
CHDinCT
Veteran Member
I don't think so since he stated he ended up using the FEL to dig up and move the rock. Maybe that wasn't a good move, but who knows.
I agree with all the others that most likely the cylinder broke from accumulated use. He just happened to be the one it broke on, or maybe it was already broken and the rental yard either didn't inspect it first or intentionally let him take the machine so they could try to get him to pay for it. I mean it broke within 2 minutes of being used !
banjodunn
Veteran Member
G'day plain and simple fatigue. I worked for two years in a national comany that hired out everything from a chainsaw to a D9 dozer and there is no way we would have charged you for the repair it is simply a case of normal wear and tear, as far as instructing he operator on use we would have to spend at least 1/2 hour with the hirer even if the person had operated the same machine all their life, this was the company policy and at the end of it they had a A4 sheet showing all the operations of the machine that they had been shown and they had initialled every section and signed the bottom of the sheet. I would be telling them to go jump if you do have the cyl inspected independently tell them you are doing this and that if the report says it is not your fault then you will be passing them the inspection invoice for them to pay. Good luck with it all
Jon
Jon
Cat_Driver
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I'm not a lawyer, I just play one on TV, but you have a case because of a term called merchantability:
The following information is for entertainment purposes ONLY.
Merchantable adj. a product of a high enough quality to make it fit for sale/rental. To be merchantable an article for sale/rent must be usable for the purpose it is made. It must be of average worth (not necessarily special) in the marketplace and must not be broken, unworkable, damaged, contaminated or flawed.
The rental product was FLAWED for the intended use. Being flawed can be determined by looking at all the service logs and rental contracts for that piece of equipment.
An item is deemed merchantable if it is reasonably fit for the ordinary purposes for which such products are manufactured and sold. For example, soap is merchantable if it cleans. In general, a seller or manufacturer is required by law to make products of merchantable quality. In the event that the items do not meet with the proper standards, a suit can be brought against the seller or manufacturer by anyone who is injured as a result.
Ask the rental agency if they can supply your lawyer with all the logs and service contracts along with all the customers that rented that equipment so you can contact them all...since day one. Chances are the product outlived it's merchantability years ago.
OH and ask him when the last time he has all the welds x-ray'd and the tests for the metallurgy reports.
Do you think he will want to do that?
The following information is for entertainment purposes ONLY.
Merchantable adj. a product of a high enough quality to make it fit for sale/rental. To be merchantable an article for sale/rent must be usable for the purpose it is made. It must be of average worth (not necessarily special) in the marketplace and must not be broken, unworkable, damaged, contaminated or flawed.
The rental product was FLAWED for the intended use. Being flawed can be determined by looking at all the service logs and rental contracts for that piece of equipment.
An item is deemed merchantable if it is reasonably fit for the ordinary purposes for which such products are manufactured and sold. For example, soap is merchantable if it cleans. In general, a seller or manufacturer is required by law to make products of merchantable quality. In the event that the items do not meet with the proper standards, a suit can be brought against the seller or manufacturer by anyone who is injured as a result.
Ask the rental agency if they can supply your lawyer with all the logs and service contracts along with all the customers that rented that equipment so you can contact them all...since day one. Chances are the product outlived it's merchantability years ago.
OH and ask him when the last time he has all the welds x-ray'd and the tests for the metallurgy reports.
Do you think he will want to do that?