08-04-01
There are two corporations involved in this Rip-off.
No 1. The United Parcel Service Company of America (UPS)
Address 55 Glenlake parkway Ne Atlanta Ga 30328
No 2. The Auburn Cord Duesenberg Museum in Auburn Indiana
Address 1600 So Wayne Street Auburn Indiana 46706
This all started in January of 1998 when Gregg Buttermore invited me to show my Automobile Wood Carvings at the ACDM in Auburn Indiana. I accepted on the terms that My Art Work would be insured while it was in there care. This was spelled out in his letter to me dated January 8,1998, where he says and I quote. "The Museum of, course, covers the round trip cost of transportation of artwork, using the professional packer and carrier of the artist's choice. The museum secures corporate underwriters to cover these costs. The museum insures all objects under its roof."
This is where it becomes a problem for me, and of course I did not know of it at that time, as I was accepting what Mr.
Buttermore was telling me in his letter at face value. Mr. Buttermore implied that I would be covered with insurance for the total value of my Wood Sculptures, of which was a lie, as the museum only had a $10,000.00 Limited liability policy on my wood sculptures. Or at least this is what was told to me, weather this is true or not I do not know. What I do know is Larry Wickert Claims Adjuster for the Cincinnati Insurance Companies did send me the sum of $10,000.00 in two separate checks and told me this was all he could do for me as this was all the insurance that the museum had. Which brings me to the UPS end of this complaint.
I personally insured my art work for $155,000.00 at Mail Box Etc.in Bellingham Washington, At this time. I shipped 35 or 36 Wood Sculptures and again I did not know in shipment to Gregg Buttermore at the museum there was some damage to some of my wood carvings. As in a letter from Grant VanHorne, The museum's lawyer dated April 20.2000 he says and I am quoting from his letter.
"I do not know whether it has been mentioned to you or not, but when the museum received the s sculptures, about six of them were broken in various ways."
This was my first knowledge of of this damage, as I had asked Gregg Buttermore either in writing or in a phone conversation how my art work had arrived at the museum.in a letter to me dated February 18,1998, and his answer and I quote.
"We have received seven cartons of art, all in excellent condition through out."
Key words here are "excellent condition", now to me excellent means not broken, and that they had arrived in the same condition as I had seen them on the date of shipment At Mail Box Etc.in Bellingham, WA. So again Mr. Buttermore had lied to me.
I have tried to get the people at the museum to explain to me these two different statements that VanHorne and Buttermore had made to me in writing. One of them has to be lying.
Now to UPS: There is no question that my wood sculptures were destroyed while in shipment either going to the museum or coming bak to me at my place of business, only UPS and the ACDM know. I for one do not know. All I know is, that it is not my doings, and that either one of these corporations or both are responsible to me to either repair them or pay me for them. UPS made an attempt to pay me by sending the museum a check for $1009.00. The museum cashed this check and then sent me a check along with a letter that Gregg Buttermore wrote me dated January 7,1999, where he says and I quote.
"At least this is UPS's token of making restitution."
I was and still am upset, by Gregg Buttermore's attitude in this letter. Knowing full well that I valued my art work for a lot more money then this $1009.00. Mr. Buttermore had, at my request because I could not file a claim because I was not the shipper, sent a Statement to UPS for $47,119.38 for the amount of damage that was done to my sculptures. But it did tell me one thing UPS admitted that they were responsible for this damage but UPS was also going to try to get out of paying me the full amount of money for my wood sculptures.
So now this I where I am at. I have been sending statements to UPS and the ACDM every months since the beginning of this problem knowing full well that this was not my fault, and that by me billing them every month I would be entitled to interest along with the original statement that Mr. Buttermore had billed UPS less the $10,000.00 of which I got from the museums limited Liability policy. Which at this date the balance is $99,222.14 to be exact, this is the balance as of the first of August'
I have many letters to show what I am saying is the truth, and am prepared to send copies of letters mentioned in this complaint.
Thank you
W W (Bill) Fayette
1372 West Axton Road
Ferndale WA 98248
Phone 360-384-0297
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