- Report: #1099970
Report - Rebuttal - Arbitrate
Complaint Review: AIR PARCEL EXPRESS, INC
AIR PARCEL EXPRESS, INC2315 NW 107th Ave Doral, Florida USA
AIR PARCEL EXPRESS, INC NACA LOGISTICS Air Parcel Express and Naca Logistics are two of the most contemptuous to customers, shipping companies. Doral Florida
*REBUTTAL Owner of company: APX and NACA offered to settle and Shipper Declined
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On April 4, 2008, I purchased a 2008 Mercedes Benz R320 CDI, and a 2007 Dodge Ram CC 3500 Truck, in Atlanta, Georgia.
I purchased the Mercedes and the Dodge Truck in order to fulfill two contracts he entered into with two separate businesses in Europe— a real estate company and a delivery service.
On April 7, 2008, I contacted Air Parcel Express (APX) to obtain a quote for the shipment and insurance of the two vehicles to Rotterdam, Netherlands.
Between April 7, 2008, and April 9, 2008, me and APX had several conversations and exchanged documents negotiating the price of the shipment.
All such documents provided for the procurement of insurance for the vehicles in the event of damage or loss. Me and APX eventually agreed on a price for shipping and insurance on April 9, 2008.
Special circumstances of shipment were discussed with APX
I spoke with APX, and in subsequent conversations before contracting, specifically informed Andres Mondragon Head of APX , that I had the two contracts in Europe. [continued below]....
Both contracts were to begin on June, 2008. Both contracts contained penalty clauses for delayed performance and/or failure to perform.
Also, specifically I told Mr. Mondragon that my contracts commenced on June 1, 2008, and that if the cars were not in Europe by that date, I would be in breach of these contracts and I will subject to penalties. In addition, I told Mr. Mondragon that because I would have to travel to Rotterdam to retrieve the Mercedes and the Dodge Truck, both vehicles needed to be shipped together in one container and delivered to Rotterdam prior to June 1, 2008.
Mr. Mondragon assured me that both vehicles would be shipped in the same container. Mr. Mondragon also told me that APX would take care of procuring insurance for both vehicles.
Based on these assurances, on April 9, 2008, I accepted APX's quote to ship and insure the two (2) vehicles. After accepting the offer APX, APX instructed me to deliver the vehicles to a warehouse in Hapeville, Georgia, which was operated by NACA LOGISTICS,( NACA) for transport. The explanation APX indicated that they cooperate with the warehouse in Hapeville.
On April 11, 2008, I , as instructed, delivered the Mercedes and the Dodge Truck to the warehouse in Hapeville, Georgia.
Both vehicles were in brand new condition at the time NACA received them. Both vehicles have been measured and without any objections were received to send in one 40 feet container to Rotterdam.
On May 1, 2008, NACA loaded the Dodge Truck into a sealed container and delivered it to the port in Charleston, where it was placed on board a Rotterdam-bound vessel.
On May 10, 2008, I was informed by NACA that it had not shipped both vehicles in the same container. NACA did not provide me with a new date of delivery. The Mercedes was not delivered to the port in Rotterdam prior to June 1, 2008, nor delivered at all.
Between the time the Dodge Truck was delivered to NACA on April 11, 2008 and the time it was placed by NACA's employees in a sealed container bound for Rotterdam, the Dodge Truck and the Mercedes remained in NACA's exclusive possession, custody, and control.
On or about May 20, 2008, the sealed container containing the Dodge Truck arrived in Rotterdam. However, NACA’s agent in Rotterdam failed to inform me that the Dodge Truck had arrived. Despite my requests, I was not provided with the bill of lading until June 4, 2008, a full two weeks (2) after the container had been in port
Moreover, when finally, I was informed that the shipment arrived, me and NACA’s port agent in Rotterdam opened the container-only to discover that the catalytic converter had been cut off from the Dodge Truck and one of the wheels had been damaged.
NACA’s Rotterdam agent reported the damage to NACA’s Hapeville branch.
Concerned about the situation on June 23, 2008 I flew to Atlanta and the next day I drove to the NACA’s warehouse in Hapeville. My Mercedes was parked in front of the office. I am explaining that the warehouse is located behind the building. Mercedes engine hood was warm.
In addition to the damage to the Dodge Truck, I also discovered that the my new Mercedes had been damaged, ( dents and scratches) soiled, and also driven approximately thirty (30) miles while in NACA's exclusive possession, custody, and control.
Once again, I traveled there the next day around 10 AM. Mercedes again was parked in front of the office, the engine hood was warm. So, I called the police, a police officer arrived and in my presence spoke with the warehouse manager. The warehouse manager was unable to explain why Mercedes is damaged, and who rides. On this circumstance the police officer wrote the report.
On June25, 2008, I traveled to Miami to speak directly with APX about the shipment issues. At this point, APX filed a formal claim with NACA for the damage to my cargo. The claim specifically requested that I be compensated for: the damage to my vehicles, travel expenses, demurrage charges accruing as a result of NACA’s failure to inform me of his shipment’s arrival, and penalties incurred from my customers for my failure to deliver the vehicles as agreed upon.
Based on its investigation, APX determined that in order for the Dodge Truck to function properly once the catalytic converter was replaced, the truck had to be returned to the United States in order to be recalibrated. However, both APX and NACA failed to repair the Dodge Truck or arrange for its return to the United States for recalibration.
To make matters worse, when I attempted to file an insurance claim for the damage, APX informed me that they had failed to buy the insurance for which I had paid. I paid for insuring the full value of both vehicles for transport. APX appropriated the money. After three months, when I wanted to fix the vehicles and the cost of repairs covered by insurance, they told me that they had forgotten to buy insurance!
Since then, more than five years have passed. Nobody, neither Air Parcel Express or Naca Logistics, not even a dollar gave me. They did not even gave me money that I paid for shipping the Mercedes, which they were not sent to Europe.
Despite the fact that their guilt was evident. APX and NACA convinced of their impunity deliberately violated the terms of the contract.
Since the beginning of this case I was trying to find an amicable settlement. Unfortunately, the two companies ignore me. They, cite Maritime Law, which limits the liability. Limitation of liability applies to random events, not criminal actions that have ruined my life savings. They have ruined my health. I am 62 years old.
I used virtually all of my retirement savings to purchase the aforementioned vehicles. I wanted to secure my peaceful old age, but by the unfair actions of these fraudulent companies I have financial commitments for the rest of my life.
I have a very negative experience with these companies.
I strongly do not recommend anyone to use the service of these companies.
In conclusion, all of the above facts in this case are undeniable and are reflected in the documentation.
This report was posted on Ripoff Report on 11/16/2013 06:00 PM and is a permanent record located here: http://www.ripoffreport.com/r/AIR-PARCEL-EXPRESS-INC/Doral-Florida-33172/AIR-PARCEL-EXPRESS-INC-NACA-LOGISTICS-Air-Parcel-Express-and-Naca-Logistics-are-two-of-t-1099970. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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