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where's my table saw?
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31,507 Posts
I would try to separate the "bent from the broken" parts and see what's left. Even broken cast iron can be brazed welded back together by an expert welder, heck, I've even done it! Bent cabinets can be straightened by a decent body shop, or body man who know how to straighten metal, It can also be sawed away and replaced. It can also be replaced.
I came very close to losing a tall 5 HP air compressor on a 25 mile drive from the store. One strap was cut through on a sharp edge leaving only one holding. I was 1 1/2 miles from home when i stopped to check things out. Close call for sure.
I am very surprised to there's hear no insurance coverage.
I rented a 4 wheel car carrier from a rental place. 2 miles from the store the triangle hitch broke right off the frame. I picked it up and put it in the back on my Suburban. I got to the store and threw it on the floor sayin "The rest of your trailer is down the road on the other side crashed into a snow bank. Come to find out it was stolen at one time, also broken off and an amatuer welded back together. Insurance covered the damage to my truck. O know different sitaution, but I wouldn't stop asking until I reached the highest insurance official I could find.
What if that thing had fallen into another vehicle or building or person?
 
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where's my table saw?
Joined
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31,507 Posts
There are some relevant issues.
1. Who strapped the unit to the pallet, the dealer or was it from Powermatic's freight shipper? There may be liability issues here.
2. Was the pallet strapped down to the trailer, and by you or others?
3. Whose straps were used? Your's? Were they new, old, frayed? Strap company may be liable?
4. What type of bindings were used on the pallet? steel non-adjustable bands or nylon webs?
5. What were the secondary straps anchored to? Hooks in the floor? Wrapped around the trailer frame? Did any hooks fail?
6. Did the secondary straps slide on the trailer frame and get loose?
7. Did the straps themselves fail or get cut?
8. Was the pallet cleated with blocks to the bed of the trailer as it should have been to prevent it from sliding?

If enough "violations" of Murphy's Law were in play, the result will be what happened.
Years of experience moving heavy equipment has made me very cautious these days.
For example, I have 200 lbs of steel beam at the rear of my unloaded pick up box in the winter. That's because weight transfers to the from wheels under braking and lifts the rear wheel off slightly, so they lose traction. All the weight of the engine is on the front wheels, very little on the rear is on the rear. Slick roads in the winter make the situation worse.
I also avoid left turns immediately after a traffic light! Why? Because drivers are looking at the light, not your taillights when you are stopped for the turn, they only see "green". I got rear ended by a teen in an unloaded pickup doing this many years ago. He couldn't stop in time for both reasons. 1969 Olds Vista Cruiser, beautiful car!
My buddy's son works in auto insurance. He says the most lawsuits in that industry are from customers suing their own insurance companies.
It that true? I donno?
 

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where's my table saw?
Joined
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31,507 Posts
Apparently customers often sue their own insurance companies for several reasons:
 

·
where's my table saw?
Joined
·
31,507 Posts
You deserve some credit for even posting this, much less as a reminder for all.

Loads do shift. I picked up a pallet maybe 80 pcs of 12 foot 1x6 TG pine on my trailer and didn’t even strap it b/c at the same time both the guy and I said “that’s not going anywhere”.

100 miles down the road at a stop, 2’ of the pallet is hanging off the trailer……….

I always cross strap things now.
I had just purchased about 15 sheets of 1/2" Melanine that were now hanging out the back of my pick up from the wholesaler. un-strapped. I was too young and too dumb to know how slippery Melamine is. I took off from a stop light in my usual brisk manner and thought nothing of it until a trucker in the opposite direction yelled "You lost your load back at the light!" This was in a "poor" part of Detroit, but right at the border city limit, 8 Mile Rd. By the time I got turned around to pick up the sheets, they were all gone! I returned to the wholesaler and told my tale of woe, and they were nice enough to replace the missing sheets. I don't go anyplace without a 50 ft length of strong rope these days.
 

·
where's my table saw?
Joined
·
31,507 Posts
There are some relevant issues.
1. Who strapped the unit to the pallet, the dealer or was it from Powermatic's freight shipper? There may be liability issues here.
2. Was the pallet strapped down to the trailer, and by you or others?
3. Whose straps were used? Your's? Were they new, old, frayed? Strap company may be liable?
4. What type of bindings were used on the pallet? steel non-adjustable bands or nylon webs?

5. What were the secondary straps anchored to? Hooks in the floor? Wrapped around the trailer frame? Did any hooks fail?
6. Did the secondary straps slide on the trailer frame and get loose?
7. Did the straps themselves fail or get cut?
8. Was the pallet cleated with blocks to the bed of the trailer as it should have been to prevent it from sliding?
That’s heartbreaking, I feel terrible for you.

You can claim that as a business loss on your taxes or as a personal property loss on your individual taxes. I also was going to suggest the loss claim against your credit/bank card. The debit cards cover up to about $300-$500 I think, but credit cards go much higher.

You mentioned that you saw it half off the pallet. If it still had the original strapping or bolts holding it to the pallet, then that really is on someone else, particularly if they failed in transit. If you cut or removed those then it’s on you, but it would be odd for them to separate the tool from the pallet, then sell it to you, then put it back on the pallet without mechanically attaching it. The point is that no matter what or how, if someone else put it on the pallet, and then it shifted during handling or transit, then your strapping was doomed and it’s their fault for failing to adequately secure the item to the pallet.
These are important questions as to who is responsible. If the dealer failed to properly secure the machine to the pallet OR of it was done at the factory, it is not your fault and you deserve "some compensation". The shipper who transported the machine from the factory "apparently" made it to the dealer without a mishap.
I would at a minimum, seek legal advice, and then look into a small claims court action based on their advice.
 
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