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What are my legal options with a nationwide furniture removal…

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What are my legal options...
What are my legal options with a nationwide furniture removal company which has lost a large piece of valuable artwork in transit? Item was not individually insured. Maximum insurance per item, $1000. Value $17,000. I was prepared to risk any damage as I could have had the artist repair it. However I was not prepared for it to be lost and missing in transit. Company now denies knowledge of packing or shipping same. My furniture and artwork was supposed to be packed in one container. It did not fit. The removalists had anticipated a problem as they had a second vehicle to collect excess furniture. Head office assured me that balance of my consignment would have been safe and unopened as originally packed. I have had to phone and email on numerous occasions to receive the rest of my furniture which eventually arrived over a month later. Some items were damaged but the main painting was missing. Size 2 metres x 1600.
My son accepted the second shipment and signed for it at the insistence of the delivery staff. I have had my husband in hospital for the past month and had to be with him at time of delivery which was again later than promised some 4 days earlier and had ended up in Sydney instead of Melbourne.
Removalists stated as the final delivery was signed for they accept no further blame.
Have given the company photos of the missing painting, they have promised to put it on their missing website, however am getting no response or satisfaction that they are trying to locate it. How can they locate something they claim not to have seen? This is all causing me a lot of undue stress. Do I have any recourse? Where should I go from here? Roz Corey
Submitted: 2 years ago.Category: Australia Law
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Answered in 9 hours by:
6/2/2015
Solicitor: Leon, Solicitor replied 2 years ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,482
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Good Morning
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
What does the agreement you sign say?
This is the key.
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Customer reply replied 2 years ago

Leon, Was under the impression that I would be dealing with a Qld. Solicitor. As the law varies from state to state it would make sense to deal with either Qld or Vic. law. Am I mistaken? Roz

Solicitor: Leon, Solicitor replied 2 years ago
Good Morning
The laws are very similar in each state.
Your only option is to sue them for negligence.
If they deny that they packed it then it will be your word against theirs.
You have to look at the agreement and what it says about when you receive the shipment and sign the receipt?
This is very important.
Who packed the boxes is also important and also if they listed items that were packed.
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Customer reply replied 2 years ago

Leon, would like to send you a copy of the agreement. Cannot find attach. Not supported by browser. Roz

Solicitor: Leon, Solicitor replied 2 years ago
Good Morning
Email it to me
***@******.***
Mark it to my attention and Justanswer will on forward it to me.
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Solicitor: Leon, Solicitor replied 2 years ago
Good Morning
The only option you have is to sue them and it is your word against theirs.
The agreement that you signed sets out the terms and conditions that both of you said you would adhere to.
I am sorry I cannot give you anything more positive.
If there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
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Solicitor: Leon, Solicitor replied 2 years ago
Good Evening
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
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Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,482
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Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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