SHIPPING DAMAGE

A THREAT FROM CWB OF CONCORD NEW HAMPSHIRE.

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THIS THREAT BASED UPON NON FACTS IS AN ATTEMPT TO DENY A FIRST AMENDMENT RIGHT OF FREE SPEECH, AND PROVIDE INFORMATION OF AN ACT THAT DAMAGED A PIECE OF EQUIPMENT.

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THIS WEB SITE IS POSTED FOR THE PURPOSE OF COLLECTING A JUST DEBT, AND ALL INFORMATION GAINED SHALL BE USED FOR THAT PURPOSE.

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CWB DID MISSTATE NUMEROUS FACTS AND OCCURANCES, AND HAVE WRONGLY DEMANDED THAT THIS INFORMATIVE WEBSITE BE REMOVED. THE FACTS PRESENTED HERE ARE TRUE.

The documents contained herein are without prejudice, and all rights are reserved, under commercial law, law of equity, and others.

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THERE IS NO DEFAMATORY, NOR FLASE STATEMENTS CONTAINED HEREIN.

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THERE IS NO MISREPRESENTATION OF ANY FACTS, AND STATEMENTS, CONTAINED IN THIS DOCUMENT, THERE IS NO WRONGFUL MISCONDUCT, ON THE PART OF THIS WEB SITE OR THE PRESENTER OF THIS SITE.

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ALL FACTS PRESENTED HERE ARE AS THEY HAPPENED, THERE ARE NO "WORDS OF ART" USED HERE AS ARE FOUND FROM CWB.

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THE FACTS STAND THAT THE SHIPMENT LEFT WINSTON SALEM IN GOOD CONDITION AND DID NOT ARRIVE HERE INTACT. THIS IS FACT NOT FICTION AS CWB HAS ATTEMPTED TO STATE.

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THE SHIPMENT WAS DAMAGED WHILE IN THE HANDS OF THE TRUCKING CARRIERS.

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WCB FAILED TO NOTE THAT ROSS WAS TOLD NOT TO DELIVER THE SHIPMENT DUE TO A SNOW STORM, AND ROSS WAS REQUIRED TO CALL BEFORE DELIVERY, THEY DID NOT DO THIS. THE WORDS "CALL BEFORE DELIVERY" WAS ON THE SHIPPING DOCUMENTS.

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“Prima pars aequitatis aequalitas”

The radical element of equity is equality

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“In omnibus contractibus, slve nominate slve innominate, permutatio continetur”

In All Contracts weather nominated or innominated, an exchange is implied. (of value or consideration is implied”

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“In pais, estopple”

An estopples is not arising from the deed or record or written contract. The doctrine is that a person may be precluded by his act or conduct or silence, when it is his duty to speak from asserting a right which he otherwise would have had. The effect of a party’s voluntary conduct whereby he is precluded from asserting rights as against another person who has in good faith relied upon such conduct and has in good faith relied upon such conduct and has been led thereby to change his condition for the worse and who acquires some corresponding right of property or contract

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“In personam acto est, qua cum eo agimus qui obligatus est nobis ad faciendum aliquid vel dandum”

The action in personam is that by which we sue him who is under obligation to us to do something or give something.

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NC ARTS PUBLIC NOTICE

click on the above

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History of an expensive shipment that was insured and the TRUCKING COMPANIES destruction of the shipment and their refusal to pay for the damage that occured while the shipment was in their hands.

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The Facts are as follows

ACCEPTANCE FOR DELIVERY OF A PERFECT PIECE OF EQUIPMENT USED IN THE RECORDING OF MOTION PICTURE SOUND TRACKS

A FRAGILE PIECE OF EQUIPMENT, THAT WAS LABELED AS SUCH

DAMAGED THE EQUIPMENT AND THEIR REFUSAL TO PAY FOR THE DAMAGE

WILSON TRUCKING CORP, THE ORIGINATING CARRIER

PENN EXPRESS (ROADWAY) THE MIDDLE CARRIER

ROSS EXPRESS INC. THE DESTINATION CARRIER

ALL of the above CARRIERS DID NOT FOLLOW WRITTEN INSTRUCTIONS.

THEY ALL REFUSED TO PAY DAMAGES

Here is the REST of the story

Watch the unfolding story as we post updates and photos of the damage.

February 07, 2003 The BBB is looking into this COMPLAINT, confirmation from Washington DC. Complaint has been filed with the Better Business Bureau, and the Department of Transportation "DOT"

The "BBB" complaint number for WILSON is 945474.

The "BBB" complaint number for ROSS is 945448.

The EMAIL for the BBB handling the WILSON Complaint is complaints@raleigh.bbb.org.

The EMAIL for the BBB handling the ROSS complaint is bbbnh@bbb.org

The shipper has also been contacted and requested to start legal action against the three carriers.

If you wish to contact the offending parties please do so.

WILSON TRUCKING, Albert Branch, 540 949 3200

ROSS EXPRESS, John Dennett, 800 762 5965

January 7, 2003 January 8, 2003, January 9, 2003, No Response from M&S Inspections. January 9, 2003, Document to NMFC, UNDER UCC-3-505 January 9, 2003, Qualification on terms “re-configured” January 9, 2003, INSPECTION REPORT 19016 Signed with reservation 17:15 hours. January 9, 2003, Conclusion and digital photos.

RE: Shipment # 1113968 WILSON TRUCKING CORP # 57 967 150 ORIGINATION WINSTON SALEM NC. DESTINATION Charlestown, NH

Damage to shipment: AMOUNT OF INSURANCE ON ENTIRE SHIPMENT $ 50,000.00

Upon inspection of the delivery (made at DEPOT HOME CENTER due to STORM and your truck not being able to negotiate the snow-covered road), we discovered that the shipment had been damaged on several of the packages, and the main part of the audio console.

The unit is a SSL OMNIMIX Sound scoring system, having a new value of $ 250,000.00. The unit was purchased in 1997 from SST. It was installed NEW at NC Winston Salem. The Unit had very little use and was re configured in 2000 by SSL. It then was removed from service and stored in a VAULT on the Facility. The UNIT was fully functional when remover and powered up just before shipping, and operated as a full working scoring system. Upon shipment the unit was in NEW condition with NO DAMAGE and missing parts.

The shipment started from NC on 12/23/02 and was delivered on 01/06/2003.

The inspection made just after the units was off loaded showed great damage to the console, it was NO LONGER attached to the pallet as it had been at the shipping point. (CORRECTION THE CONSOLE WAS STRAPPED TO THE TRAILER AT THE SHIPPING POINT, The originating carrier WILSON TRUCKING ((64600)) accepted the shipment with the disclosure written on the shipping documents and to HOW the console MUST be transported, once accepted with NO objection in writing, the goods are in the hands of the carrier for safe delivery in the condition as received, first refusal applies.) The ends of the console are badly damaged and many of the internal parts were hanging out or missing. The “shrink wrap” shows much abuse and is torn in numerous points, indicating poor handling.

Several of the boxes on the other pallets also shrink wrapped show extreme damage and there are a holes in the cartons. In one carton the one containing the software, I observed that some of the disks are missing. The mounting flanges on the drive bays are bent and show extreme stress during shipment.

I have spoken to SSL in England and New York, and the cost to rebuild the console is estimated at $ 30,000.00 just from the description I have given them. If the drives are damaged then it will cost more for replacements. The software is another story, If as I expect the disks have fallen out of the box due to miss handling and poor transportation, then the entire Sound Scoring Software will have to be replaced, as it is NOT sold in pieces. This could be extensive in cost.

I have informed my customer as to the condition and he will not except the unit as it is. He purchased a working unit. This unit was working when it left Winston Salem, NC.

Now I have a unit that can’t be sold in its present condition, I have lost a customer, and I am looking at an expense that will certainly exceed what the unit was to be sold for to my customer.

I may NOW be forced to part the unit out. I require immediate action on the recover of loss and damage.

It is my opinion from the facts at hand that the following occurred:

A) The unit left NC with the ends protected. (NOTE the console WAS wrapped in 12 layers of shrink wrap with the ENDS protected with heavy cardboard and shrink wrapped over the cardboard, the console was tied to the traliker walls with shipping tie downs, this was indicated on the shipping documents, however THIS is not how it was received.) added January 9, 2003

B) Some where between NC and PENACOOK NH, the console WAS REMOVED (CORRECTED INFORMATION THE CONSOLE WAS STRAPPED TO THE TRAILER WALL AT NC AND INFORMATION WAS PLACED ON THE SHIPPING DOCUMENTS AS TO ITS VALUE AND THAT IS WAS DELICATE) from the pallet and thrown on top of other freight, to save space. From the damage seen and the loss of parts it is obvisous that the consould did NOT ride strapped to the trailer wall as it originally was leaving NC. Added January 9, 2003

C) When this occurred the console was badly damaged and parts were lost, as the console rode in an unprotected position.

D) The console arrived NOT AS IT was shipped.

E) The damage is extensive.

F) The value of the entire unit is greatly diminished by the abuse it has received in transport.

G) The cost of repair most likely will exceed the amount of insurance placed on the shipment.

Kindly respond to this FAX as to a time when your inspector is to view the unit and when we can expect a settlement on this loss.

Understand that the LOSS of this customer system may effect my doing business with them in the future. I need this matter resolved in a quick manner.

January 8, 2003

I have just received an email regarding the way the console was packed on the truck. The console was wrapped in many layers of shrink wrap, the ends were wrapped in heavy cardboard, and the cardboard was overlaid around the ends of the console, NO parts were loose inside the console and all the covers were intact, including all monitor covers. NC states that the console was heavily wrapped in shrink-wrap and them strapped to the walls of the trailer.

Instructions were given and written on the shipping bill that the console was extremely delicate, and extreme care must be used in its handling. It is apparent from its condition on receipt that THIS was NOT the way it was transferred to the middle carrier. Photos are posted here and can be supplied by email if you would give me your email address.

My customer has refused the acceptance of the system and SSL states that it would be cost prohibited to ship and repair at the New York Plant. The repairs MUST be performed in New Hampshire and I will have to do them. In order for this system to be sold or used it MUST be in perfect working order, as it was when it left Winston Salem, NC. The console MUST be completely torn down and the frame replaced and then all its components replaced and re aligned. The frames on the hard drives and switching MUST be changed since any attempted straightening of the flanges will leave marks where they can be seen and since the drives must fit correctly a twisted frame will never hold them properly. The entire system then will have to be re programmed and the missing program disks must be replaced. This entire process will take several weeks and the cost in time is estimated at $ 8,000.00. The materials will cost at this time some $ 45,000.00. No customer will accept this unit as it has been damaged. The only way to recover some of my initial cost is to sell it for parts, something That I do NOT wish to do. The value of the reconfigured unit is over $ 50,000.00, and NC ARTS place Insurance on it for $ 50,000.00 as that is what was paid to NC ARTS for the unit. I can NO LONGER say that the unit is NEAR NEW for the damage now makes that impossible. I will have to take a LOSS on this as it stands. I can not get what I have in this by parting the unit out. The console is the central part of the unit and none of the other unit’s work without it. I need to have this resolved ASAP so that I can recover some of the loss. Also the unit is at the DEPOT home center and will stay there until it is viewed by your insurance rep. However I must pay storage for it as it is INSIDE a protected building. So the quicker you resolve this the better. KINDLY RESPOND TO THIS FAX ON RECEIPT

January 9, 2003

No response from M&S Inspections, A filed response on how the shipment was packaged and how the console was “STRAPPED” to the trailer wall, and the

INSTRUCTIONS written on the Shipping Documents. The photos show that the end protection was lost somewhere between NC and NH. Most likely on the middle carrier. The following are emails regarding the SSL OMNIMIX and its shipment from NC.

The console had been stored on a cart (which was originally used to haul and hold dozens of folding chairs) on its back. When we packed it for shipping, I removed it from the cart, leaving it on its back. Then we wrapped the top of the console and the edges with several layers of heavy cardboard to protect the controls and the bus bars. Then we wrapped the complete unit in shrink wrap at least a dozen times, all the way around the unit. There were absolutely no exposed areas where parts could just fall off. We loaded all the spare boxes and the CPUs on pallets and shrunk wrap them, but the console was too big for a pallet, so we loaded it on the truck on the same back side as it had been stored. The console was strapped to the interior wall of the trailer and specific instructions were given to the driver and put on the bill of lading that the unit should be handled with care.

Sent: Tuesday, January 07, 2003 12:00 PM To: Subject: Fw: SSL OMNIMIX from the NC

On the packing of the console, It arrived here NOT TIED to a pallet and riding on its back, the ends had NO protection and several parts had fallen off and are no where to be found.

I know that you would NEVER send it out that way so I need a note from you on how it was packed and protected.

I believe that the trucking company removed it from how you had it and threw it on top of other shipments to save room and get more freight on. Let me hear from you on this. Thanks

Sent: Monday, January 06, 2003 5:55 PM Subject: Re: SSL OMNIMIX from the NC. Hi Dave, Thanks for the INFO I just got to see the shipment and the trucking company damaged the console, so can you give me an estimate on a console replacement for the one that they screwed up. There was insurance put on the shipment so they are fully responsible for the damages.

To: Cc: Don ; Phil Sent: Monday, January 06, 2003 2:03 PM Subject: Re: SSL OMNIMIX from NC. Thank you for contacting SSL regarding your OmniMix system.

The OmniMix and Scenaria were very popular through the mid and late 1990s. We’ve recently seen previously owned OmniMix systems sell for $25,000 to $45,000, and parted out for $ 15,000 to $ 25,000.

Having said that, the OmniMix remains a powerful short-form audio post-production tool. It features a 38 channel digital mixer with integrated editing and video playback. For applications such as high-speed TV promo work, it remains the fastest solution available. If you can think of a way to use the system, it may still be a valuable asset.

I’ll contact our current OmniMix/Scenaria user base to see if there is any interest in your system. Please also feel free to refer any potential buyers to me for a description of OmniMix features and capabilities.

Best Regards,

Dave Western Regional Sales Manager Broadcast and Post Production Hollywood, CA 90028

This receipt verifies that the message has been displayed on the recipient's computer at 1/9/2003 10:43 AM

Once a carrier accepts a special shipment and the manner in which it is packed in the trailer and a UCC document is signed and agreed to, that carrier is fully responsible for the well being of the shipment until arrival at the destination. Once a contract is signed and agreed to UCC-1 it MUST be adhered to. Kindly respond. ilm-efx UCC-3-505

I am not familiar with "UCC", can you give me an idea what this is? In general, the carrier is obligated to deliver the goods in the same condition as he received them, allowing for the normal rigors of transportation. Sincerely, Richard A. Bryant, Classification Specialist, National Motor Freight Traffic Association, 2200 Mill Road, Alexandria, VA 22314, 703-838-1809.

HI Jerry, Thanks for bring so candid on the damage to the SSL OMNIMIX, I do really like the way you are up front on this, most people would try to cove(r) the damage.

However as we agreed we can not accept the system reconfigured or revamped since it MUST be as it was when SSL installed it at NCARTS.

As you well know small changes will effect the way the system responds to DOLBY 5.1 and EF surround. Since this system was configured to lay down EX as well as L/R surround, and we have one suite that is configured just as NCARTS, we really needed the second unit.

However if you can provide all the tests that show the new configured/replaced mix down unit to perform as a mirror of what we have we will consider getting it from you, along with the installation and the service contract.

Let me know if you can do this.

You do know that we are under a time factor on this install.

Thanks again for being so up front on this.

Pac. Recorders USA

Original Message ----- From: David To: ILM-EFX Sent: Tuesday, December 17, 2002 3:46 PM Subject: RE: OMNI MIX.

Jerry,

Wilson Trucking will be coming by tomorrow for us to load the Omnimix and all of its components, manuals, etc.

The total weight for everything is roughly 2000 pounds. I've requested a truck with a lift gate for the delivery to you in New Hampshire.

The SSL Omnimix Console was reconfigured last year 9/9/00 by Andy Griffith of SSL. It is operating on Screen Sound V 5.0. It includes 16 Channels of automated faders. The console also contains the following:

Vision Track random access video controls, SSL Logic Efx 6384, SSL Logic Efx 6383 1.3 GB Optical Drive for Project Back Up and Importing from The Sound Ideas Sound Library (also included) The board reads/writes to a SCSI raid array of six 2GB Seagate Hawk Drives in a Rorke Data 6 bay chassis.. 20 Seagate 2GB Hawk drives in Rorke Data sleeves. The system is backed up on 3 Exabyte Drives. The Main rack mounted CPU's of the system are as follows: SSL Digital Audio Editor, SSL Digital Vision Track, SSL Digital Sound Net,

Three SSL Digital Screen Sounds, Four SSL Digital Disk Store, These CPU's were accessible to three additional Screen Sound edit stations via Sound Net(ethernet), two SSL 24 Channel Routers and two SSL Patch-bays.

(the above is a copy of the originating email from NC. Regarding the shipment and the equipment to be shipped.)

NOTE that the reconfigured Console done in 2000 was to establish a NEW SYSTEM and NOT a rebuilt system. The system was then placed in storage AS NEW. And was Shipped AS NEW. The term RECONFIGURED does NOT MEAN USED, or REBUILT. The TERM is used to signify a NEWLY RECONFIGURED SYSTEM, up dated from the ORIGINAL NEW STATE.

Inspection Report # 19016 Signed January 9, 2003 at 17:15

The report was signed with reservation as to the following:

a) The console was shipped TIED to the TRAILER WALL and was shrink-wrapped with several layers of wrap (12). The outside ends of the console were double wrapped with heavy cardboard and again shrink wrapped. On arrival the cardboard was missing, and the shipping labels were NOT on the outside of the console.

b) The console sustained severe damage in transit, as indicated by the digital photos taken, also the frame is twisted along with missing flanges, rails and monitor cover. The aluminum frame is bowed and must be totally replaced. The auto faders are damaged and must be replaced. The faders were set to “0” or “off” when shipped, the faders have a lock at the off or “0” level position. The faders now drag and will not operate in the auto mode. More damage will most likely be found as the console is taken down and inspected.

c) The loss of the software is most troubling since it will have to be entirely replaced. This software CAN NOT be copied since it is licensed. Federal Law prohibits the copying of licensed software.

d) The carton with the work station in it is damaged so most likely one of the workstations is also damaged. Through the tear in the box the keyboard can be seen with keys missing.

e) The flanges that hold the AUDIO ROUTER and VIDEO DA, are damaged and must be replaced, since they are surface mounted.

f) With the abuse that the console had taken, there is a good chance the hard drives are damaged and the storage device is damaged. These devices were in the “LOCKED” position for shipment and would take NORM shipping trauma, however if it is found upon inspection of the drives that they have broken free, then this is an indication of severe transportation stress, and massive time in rebuilding the drives, thus MAKING THEM A USED DRIVE, and NOT A NEW DRIVE.

We are in the process of obtaining the replacement cost of the console and its internal parts. SSL has indicated that they have a reconfigured console that is available having the same configuration as the Sound Scoring unit from NC. The cost to me is $ 45,000.00, and I am looking at $ 8,000.00 in time to bring it back to the state it was in when it left NCARTS. This does not take into account any damage to the drives and work stations.

CERTIFICATION

The forgoing statements are true to the best of my knowledge under the laws of the United States of America, the Colorable Statutes of the UNITED STATES.

BY:JPP Date January 09, 2003

RE DIRECTS FROM ILM-EFX

Email lasermagic@netzero.net

Posted under the 1st Amendment Right of Free Speech, and Redress. Constitution of The United States of America.