The e-mail exchange between Brad Winkfein (one of TAS owners) and me (some 4+ months after the fact):
From: Brad Winkfein
To: 'JP Saleeby'
Sent: Tue, 6 May 2008 4:50 pm
Subject: RE: 2002 Maserati GT Coupe (Green)
Mr. Saleeby,
First of all I would like to apologize to you for the manner in which you were treated. Regardless of the circumstances it is inexcusable to treat a customer poorly or to respond in a hostile manner and you can rest assured that the proper discipline has been enforced. Communication is the key to resolving any issue, when the parties involved fail to communicate the end result will always be unpleasant.
In reviewing the emails it is obvious where and when the problems began and regretfully it is too late to recover or reach an amicable solution.
Saleeby: Sunday, January 06, 2008 8:17 PM See not to Straightline. Went over the car with Ken... there was a new chip in the findshield that is pretty big... big enough to warrant a repair or replacement. It is not just sand blasted... almost goes all the way thru. Would like to file a claim with you to have that fixed.
Saleeby to Straightline Sun, 6 Jan 2008 9:13 pm: TAS dropped off the car about 3PM today. Transporter did a good job, however there was residue of "oil" on the hood indicating it was under another car (oh well), and there was a large stone chip in the windshield that was not there during the inspection (I could tell it was a fresh chip because there was dust and glass fragments around it), will report this to TAS tomorrow. All in all the car looks good. Under the hood the oil was quite low and the oil cap was almost impossible to remove.. had to use a block of wood and a mallet to break the seal. Don't think the oil was changed in quite a while. None the less, the car was as described and I am pretty happy with things. Planning to take her in for a complete servicing in either Greenboro, NC or Atlanta, GA's Maserati dealerships. Will await the paperwork from you guys so I can get my license and tags.
Merritt Tue, 8 Jan 2008 2:14 pm: Generally windshields are not covered on open shipments. *If there is a claim, it will need to be filed with the carrier and their driver. If you have any questions or need any assistance, please call or email me back at any time.
Saleeby Tuesday, January 08, 2008 1:35 PM: That cannot be true... the driver had a sheet outlying all scratches and mares on the car. This stone chip was new and recent (acquired on the trip). **Please follow up on this as a claim should be filed since damage ocured when the car was transported. *You guys are covered for this I am sure. Why would you not be?
Please pass this information along to Ken who was the driver you booked for me.
Merritt Tue, 8 Jan 2008 3:01 pm: ** Ijust got off the phone with Ken (K&L Autotransport) and he says the pit that you are talking about was already there when he picked up the vehicle from Straightline and is clearly marked on the copy of the BOL that I have. I don’t see anything new added to the BOL after delivery. If you have a copy of the BOL, please send me what you have because everything I have has it marked before shipment.
Saleeby Jan 8, 2008, at 8:45 PM: **Ken pointed out to me some very minor "sand blastings" that were noted on his BOL. However, this particular "chip" was quite significant and NOT on his BOL. I can take a photo of this and email it to you. ***My inspector from CarChex gave an "Excellent" report to all the Glass.... he would not have given such a good mark with this type of chip. One cannot ignore this as it is in the direct line of vision of the passenger seat rider. As I recall my PPI inspector was a passenger during the test drive. No way he would have missed this. So the chip had to of occurred after the Inspection and before the time of arrival in Bennettsville. Other evidence was the fact that there were tiny pieces of glass shards and "dust" from the apparent rock or debris that hit the windshield. Thank you for your consideration, What is the next step?
*Our terms and agreements state the carrier is liable for all damages, according to the Federal Motor Carriers Safety Association we are not allowed to carry insurance on vehicles that are transported by other carriers. As is our policy stated in our terms and agreements you were instructed to deal with the carrier and we would assist you through the process.
**Merritt did follow and called Ken the driver for K&L Autotransport
**If the damage is not marked on the bill of lading as an exception at the time of delivery it cannot be proven that the damage occurred while in transport. No insurance carrier nor carrier will pay for damages without proof that the damages occurred during transport. In this situation the driver said he had marked the chip at pick up and that it was preexisting. He denied your claim at that time and without a bill of lading to prove otherwise there is little that can be done.
***While an inspection is a credible source for the inspection of a car it is very little help in this situation. The inspection did not occur immediately before the vehicle left and does not provide any chain of custody documentation in the way a bill of lading does. There is no proof that the chip did not occur after the inspection but before it was loaded therefore it is not reliable. The inspection is also questionable because you stated you had problems checking the oil and that the oil was low, this leads me to believe the inspector was less than thorough.
It is our goal to provide each and every customer with quality service but in this case it did not happen and for that I am sorry. The emails that followed these are responses from two individuals that are angry the problem is that one is allowed to get angry and the other must try to accommodate, he is not allowed to become angry. While I disagree with the customer service in this situation it is my opinion that the proper outcome in regards to the claim was reached. I disagree with your second suggestion the cost to repair windshields is considerably more than a happy meal and I don’t think that we should bare the expense of paying for a damage not caused by us to a property not owned by us. Damages to vehicles while being transported are unfortunate and We provide a service as a shipping broker we are not the carrier we never had possession or even saw your vehicle. For example if I use a mail store to ship a package through UPS and damages occur while in the possession of UPS I would file my claim with UPS not the mail store. I am sorry that there was damage to your windshield it was unfortunate and I am sure that it detracted from the excitement of getting the car but the policies and procedures that are in place are there to protect all parties. If they are not followed the system breaks down a driver that fails to list or mark a damage when he picks up the vehicle is liable for that damage. I know it is of little satisfaction to you but since you were so adamant the damage occurred during transport we have added K&L to our do not use list of carriers. Our carriers must be trustworthy and honor their responsibilities his refusal to pay your claim proves otherwise.
Please feel free to contact with me with any questions
Best Regards,
Brad Winkfein
Managing Operator
Texas Auto Shipping
4740 Frank Luke Drive
Addison, TX 75001
972-248-9121 ph
972-346-6880 fax
This email and any attachments are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. It is the property of TexasAutoShipping, LP and its Affiliates. If you are not the intended recipient of this email, you are hereby notified that any dissemination, distribution or copying of this email, any attachments thereto, and any use of the information contained are strictly prohibited. If you have received this email in error, please notify me at 972.248.9121 and permanently delete the original and any copy thereof.
From: JP Saleeby [mailto:jpsaleeby@aol.com]
Sent: Friday, May 02, 2008 10:19 AM
To: brad@texasautoshipping.com
Subject: Re: 2002 Maserati GT Coupe (Green)
Brad,
Nothing against you personally... but there was some confusion about the BOL. The car was dropped off late in the day and under extreme time constraints that did not allow for a complete inspection in the conditions at the time. I do accept the "minor" sand blasting of the windshield, however, there was a fresh "chip" as evident by the "rock dust" still present on the windshield that was at issue. I had a PPI done and it was so big that the inspector would have notice it. It did not leave TX with that on the windshield... I am almost certain.
My issues are this:
Ms. Merritt was rude and NOT a good representative for your company. You should counsel her in the ways of providing good customer service. I take issue NOT with TAS per se or you for that matter, but rather in the manner in which the situation was handled. I KNOW customer service as a director of an ER. I handle hundreds of patient complaints and consider myself expert at conflict management and a purvayor of good customer relations.
As a gesture of good customer relations I would suggest in the future to provide 1. better e-mail and phone relations (I have copies of the corrrespondences with Ms. Merritt) and I will forward them to you. 2. For the price of a Happy Meal for heavens sake... send a windshield repair kit to a customer. It is by far the cheapest way to keep a customer happy and reduce the risk of "bad press"...
I was quite furious with the encounter with Ms. Merritt... that I went on a campaign to "let the world know" how I was treated. I cannot (nor will I) take any of this back... but it should be a lesson to be learned. Now it is your turn to do damage control. For me it is obvious... re-train or get counseling for Ms. Merritt. If her attitude towards your customers doesn't change... consider termination.
Regards,
JP Saleeby, MD
www.saleeby.net
(800) 965-8482
PS: Email threat to follow.
-----Original Message-----
From: Brad Winkfein <brad@texasautoshipping.com>
To: 'JP Saleeby' <jpsaleeby@aol.com>
Sent: Thu, 1 May 2008 6:39 pm
Subject: RE: 2002 Maserati GT Coupe (Green)
Mr. Saleeby,
I am the owner of Texas Auto Shipping and it has recently come to my attention through the Better Business Bureau that you apparently have an unresolved issue with Texas Auto Shipping in regards to the transport of your vehicle.
My understanding (which may not be correct) is that there was a chip in the windshield that we would not pay to repair. According to the bill of lading that was completed by the driver and signed by dealer the damage to windshield was a pre existing condition as it was marked on bill of lading at origin Never the less a damaged windshield is excluded from coverage if it is not a result of driver negligence. The risk of normal wear and tear resulting from driving the vehicle are much the same as transporting the vehicle on an open carrier, in both instances they are exposed to the road. If vehicle needs to be protected from this risk then enclosed shipping is required.
Texas Auto Shipping was not the carrier and any claims in regards to damage should have been submitted directly to the carrier that transported your vehicle. We should assist you in the claim process and act as a mediator between the two parties but we are not the liable party. While we are not liable for the damages it is still important to me to make sure your interest is protected and that you fully understand the process. In this case the damage was on the vehicle when the carrier picked it up. The dealer that sold the vehicle should have repaired the windshield and this information should have been given to you at that time.
If possible I would like you to forward all correspondence that you sent and received in regards to this matter for me to review. My reputation and that of my company is very important to me and I would like to discuss the matter with you at your convenience. I hope to speak to you soon in order to rectify this issue.
Best Regards,
Brad Winkfein
Managing Operator
Texas Auto Shipping
4740 Frank Luke Drive
Addison, TX 75001
972-248-9121 ph
972-346-6880 fax
+of+JPwithMiniCooperS.jpg)