SHROCKWORKS out of business?

[AzScorpion]

Here's what appears to be a detailed, well-referenced, semi-technical article on the topic written by actual lawyers. I haven't read it, but I'm guessing it provides better info than anybody will provide on a pickup forum.
https://www.scopelitis.com/scopelitis/assets/dynapsis/Carrier Must Get PaidFact or Fiction Tauscher.pdf

Even after reading most of I still don't understand it. lol This part here describes who is liable but the ;last sentence makes it sound like both could still be?

Who is Liable?

Generally, the bill of lading deter-
5
mines who is liable. A party’s bill
of lading, however, can be modified by a prior written contract between the shipper and the carrier. If parties enter into a contract before preparing a bill of lading, and there is an irrec- oncilable difference between the two agreements, the prior written agree-
ment controls.
If the bill of lading controls, the courts look to the abbreviated nota- tions found on uniform bills of lading to determine who is liable:

• “Prepaid” means the shipper/ consignor is obligated to pay the carrier.
• “Collect” means the consignee is obligated to pay the carrier.
• “Nonrecourse” (also referred to
  as “section 7” language) means a consignor must sign the “nonre- course” box to be free of liability for freight charges.
• “Bill to Third Party” notation notifies a carrier that a third party will be paying but does not relieve the consignor from liability unless the consignor has also signed the “nonre- course” box.
  Under the uniform bill of lading terms, the shipper/consignor is liable unless the bill of lading is marked “nonrecourse.”7 In contrast, the con- signee is liable for freight charges unless the bill of lading is marked “prepaid” and the consignee has already paid its bill to the consignor.8
  Occasionally, courts are faced with interpreting inconsistent nota- tions on bills of lading, such as when both the “prepaid” and “nonrecourse” are marked. In Jones Motor Co. v. Teledyne,9 the court found the ship- per liable in that situation. There, the court held that a bill of lading marked both “prepaid” and “non- recourse” binds the shipper to pay for the “line haul” freight charges but not to pay for the accessorial charges.10 The court relied on the car- rier’s tariff to resolve the conflict. The applicable tariff required the shipper to guarantee payment of the shipping charges if the third party failed to do so.11 Therefore, the tariff prohibited a third-party billing situation because the shipper signed the nonrecourse provision (which was the case there).
  The court reached a different result in Gaines Motor Lines, Inc. v. Klaussner Furniture Industries, Inc.12 There, the court looked beyond the bill of lading to determine the respon- sible party because of the conflicting notations. In Gaines, the plaintiff car- riers had been advised by shipper that the third-party logistics company would be the third-party payer.13 In fact, the most recent course of deal- ing showed that plaintiff carriers sent invoices to, and were paid by, the third-party logistics company, not the shipper.14 In reaching its decision that the shipper was not liable, the court distinguished its case from Jones Motor Co., because plaintiff carriers did not contend a tariff similar to the one in Jones Motor Co. applied to their action.
  The common law rule of carriage liability applies even if no contract of carriage exists.16 In other words, the uniform bill of lading terms are consistent with common law rules (i.e., while the consignor is primarily liable for payment of freight charges, a consignee who accepts delivery is also liable for freight charges).
  
  
  
  
  
  

Sponsored

 

[jsphlynch]

Even after reading most of I still don't understand it. lol This part here describes who is liable but the ;last sentence makes it sound like both could still be?

I think (and remember, I didn't stay in a Holiday Inn Express last night) that the last line means that the default position in the absence of defining agreements is that consignor is liable, though consignee becomes liable if the carrier isn't getting paid. However, in this case, there are defining agreements:
-There is a bill of lading where the consignor should have selected "prepaid"
-If the consignor did select "collect", there also exists a written agreement between the consignor and consignee establishing that the consignor accepted payment in return for accepting responsibility for shipment. And, as the article says, "If parties enter into a contract before preparing a bill of lading, and there is an irreconcilable difference between the two agreements, the prior written agreement controls." (my emphasis)

At least, that's the way I'd argue it.

 

[AzScorpion]

I think (and remember, I didn't stay in a Holiday Inn Express last night) that the last line means that the default position in the absence of defining agreements is that consignor is liable, though consignee becomes liable if the carrier isn't getting paid. However, in this case, there are defining agreements:
-There is a bill of lading where the consignor should have selected "prepaid"
-If the consignor did select "collect", there also exists a written agreement between the consignor and consignee establishing that the consignor accepted payment in return for accepting responsibility for shipment. And, as the article says, "If parties enter into a contract before preparing a bill of lading, and there is an irreconcilable difference between the two agreements, the prior written agreement controls." (my emphasis)

At least, that's the way I'd argue it.

Sounds right. My guess seeing as the shipping was prepaid by the customer to Shrockworks and not a COD is that Shrockworks is on the hook for all of this because they're the ones who had the initial contract with the shipping company. The key will be to get a copy of the bill from the shipping company. Then he and everyone else will know where they stand. Maybe we should all go stay at a Holiday Inn so we can give better advise? ?

 

[Big Blue]

Even after reading most of I still don't understand it. lol This part here describes who is liable but the ;last sentence makes it sound like both could still be?

I agree, a hold lot of legalese. It also seems the courts have differing rulings in different cases. I would have hoped Shockrocks would have had some kind of agreement with the shipper in place prior to doing business with them. Also the buyer having a purchase agreement showing shipping costs being charged would be enough to absolve the buyer of liability. But, then again, I'm no lawyer.

Only thought is maybe anyone getting one of these letters should try to get together and not fight this alone.

 

[LiquidOps]

Well... now that this option for Sliders is out of the question. What is everyone else using?

2022 Ranger Tremor

 

[Colo_Ranger]

Well... now that this option for Sliders is out of the question. What is everyone else using?

2022 Ranger Tremor

White Knuckle Off Road. Bolt on and stout as hell. Taken a beating from me.

 

[LiquidOps]

White Knuckle Off Road. Bolt on and stout as hell. Taken a beating from me.

I appreciate the recommendation. I'll take a look. I see a reference for the 1" lift (Body Lift). I've reached out to WK to see what the difference is on that. I know the tremor sits a tad bit taller than the non tremor, plus i'm planning a leveling kit, so needing more info.

Also, how does this work as a step? Wife is on the short side, so need her to still have something to help her get in the truck.

 

[Colo_Ranger]

I appreciate the recommendation. I'll take a look. I see a reference for the 1" lift (Body Lift). I've reached out to WK to see what the difference is on that. I know the tremor sits a tad bit taller than the non tremor, plus i'm planning a leveling kit, so needing more info.

Also, how does this work as a step? Wife is on the short side, so need her to still have something to help her get in the truck.

my wife is 5’2” and she uses it as a step. Body off has nothing to do with tremor vs non-tremor. Instead of suspension, they’re spacers between the frame in the body of the truck. I’ve never actually seen a body lift for our trucks, but you don’t have one because you have a tremor.

 

[LiquidOps]

my wife is 5’2” and she uses it as a step. Body off has nothing to do with tremor vs non-tremor. Instead of suspension, they’re spacers between the frame in the body of the truck. I’ve never actually seen a body lift for our trucks, but you don’t have one because you have a tremor.

That makes sense on the lift part... I wasn't thinking straight on that one.

Thanks for the feedback on the step though. Did you go with the straight out one, or the 15 degree angled?

 

[Colo_Ranger]

That makes sense on the lift part... I wasn't thinking straight on that one.

Thanks for the feedback on the step though. Did you go with the straight out one, or the 15 degree angled?

I have the straight out. I also put grip tape on the tubes for traction when they are wet. The wife slipped off and smacked her face on the door frame. Not a pleasant experience.

I'm 5'9" and I use it as a step too.

 

[LiquidOps]

I have the straight out. I also put grip tape on the tubes for traction when they are wet. The wife slipped off and smacked her face on the door frame. Not a pleasant experience.

I'm 5'9" and I use it as a step too.

Hmmmm... I was thinking the angled for better clearance, but I'm wondering if that will reduce my "Step" ability too much.

Thanks again for your input!

 

[Colo_Ranger]

Hmmmm... I was thinking the angled for better clearance, but I'm wondering if that will reduce my "Step" ability too much.

Thanks again for your input!

I would have loved to get the angled, but I made the concession for my wife. It's also how I sold her on the idea of sliders as steps.

 

[OFC Ranger]

Got this letter in the mail today, looks like they haven’t been paying bills for a while. Sliders got delivered October 20. Anyone else received a letter like this ? Is this something I can really be held liable for? I have an invoice showing I pre paid shipping!

Ask them for any paperwork (their side or shrockworks side) where you entered contract with them with your signature present.

Boilerplate letter and your name was pulled off an excel spreadsheet. Nothing more, nothing less.

Personally I would print off an 8x10 photo below and send it certified mail back to them;

In reference to "common laws" - whos exactly? Your state? The state they reside in? Federal?

ahaha I would have so much fun with this company

Edit: Also advise them any adverse action to your persons will result in a counter-suit, filed in small claims court. All stuff you can do yourself without paying a lawyer. No company in their right mind is going to want to do legal battle with someone from a completely different state or city. They would spend more than they are trying to collect by merely engaging their company lawyers for 1 hour. Then travel time and expense to respond to the suit? pffft

If you fancy you can contact your state's attorney general office and if they are so inclined usually a letter from them to the offender is a quick way to make them F off.

 

[Friday yet?]

Even after reading most of I still don't understand it. lol This part here describes who is liable but the ;last sentence makes it sound like both could still be?

Because... lawyers.

 

[Frenchy]

Well for those that are not aware yet, ShockWorks has gobe under last month...... Woth that said I know they took money from some individuals on here and never fulfilled the orders.....

If you did put an order through a supplier like @OffroadAlliance then maybe they can help you out(if not done so already)......

Regardless it is unfortunate news.....

Sponsored