Wednesday, August 29th 2007
IBM Being Sued After $1.4m Server Falls off Forklift
Yet another crazy American lawsuit seems to be on the cards as federal contractor T.R. Systems Inc. attempts to sue IBM after a $1.4 million IBM server fell from a forklift truck during transit. According to T.R. Systems, the rear wheels of the forklift being used to move the server hit a raised surface, causing the server to rock slightly and break the pallet holding it, resulting in the server falling onto the curb and being damaged. In the court documents, T.R Systems said "The damages sustained by T.R. Systems were due to the poor workmanship and/or defective packaging design and methods used by IBM to pack the servers prior to shipping." However, IBM has already filed a motion with the court asking for the case to be dismissed claiming that the accident was down to the forklift truck's driver, stating "No evidence exists that anything but [T.R. Systems'] negligence caused this accident." Now T.R Systems is now trying to claim more than $1.4 million in damages as it was forced to buy a new server after IBM refused to take the server back to its facility for testing.
Source:
COMPUTER WORLD
43 Comments on IBM Being Sued After $1.4m Server Falls off Forklift
Hal7000, did your server crates have small width fork holes or large width slots?
Regards,
jtleon
Prior to shipping, there should have been specs on the shippers(IBM's) end that would clarify handling upon receiving(T.R's) end. This would (should) protect IBM from any liability for mishandling upon receiving.
Bottom line, the fork lift driver most likely did not extend the blades to the out side of the load nor did he carry the load resting on the back of the lift itself for stability(slight tilt backwards), and most likely carried the load to high thus when he road over uneven ground the load shifted/rocked due to improper handling on the receivers (T.R's) end, The forklift operator is the most likely suspect here based on what has been shared in the forum.
Uhh..does anyone got a dollar I can borrow.....need to collect 1.5 million before the weeks end......:twitch: I pity the forklift operator. :banghead:
We do product sampling, so it's usually a couple hundred pounds of cereal or the latest candy bar :)
forklift drivers job is to see things before they happen, as in planning out your track and seeing any problems that may incur. Im sure seeing the scene will really tell how much of a "bump" he had ridden over... he shouldnt have to ride over any "bumps" when moving such an expensive piece of equipment, but thats what happens when you rush things!
www.hysteramericas.com/products/ic_pneumatic/5icpneumatic_h135_155FT.asp
How about a machine that weighs in at 65,000lbs dry? How do they move that? Trucks. Think about it.
It was the forklift operators fault.
1) The truck was rocking. This denotes a undersized machine for the job.
2) He was moving with the load still lifted. This is highly unsafe and one of the first things you learn when certified to drive one, low load.
3) When moving a load that obstructs your view you always use a spotter.
4) With a undersized machine his forks would not have the proper spread or penetration depth into the pallet, thus causing instability and a lack of feeling. :wtf:
From what I have been told by FedEx Freight when they open the door and produce the material for inspection and unloading it becomes the liability and responsibility of the recipient. If it is damaged you do not unload the material, or if you are willing to accept the material you must force the driver to note it before unloading.
For one I bet the guy doesn't have his job anymore.
That said, I'm a fork operator also, and even the enclosed trailers can handle a 3000lbs fork truck. Our trucks are electric, and weigh about 2500-2700lbs (lead acid batteries = teh heavy), and it regularly exceeds 3000lbs with a load on it.
But, more to the real topic, I, myself, have unloaded IBM servers for my job, and I can attest to the fact that they come in a crate more sturdy than my house. I never dropped one. We don't exactly have a perfectly flat or debris-free dock either. This is all operator error. For an uneven piece of pavement to cause a tip-over, the guy had to either have the load too high, or he was absolutely flying with that server.
I found this, this AM.
T.R. Systems claims IBM refused to take back the damaged server or send technicians to inspect or repair it. As a result, the company claims it was forced to purchase a replacement server from IBM following the October incident. The server was ultimately bound for T.R. Systems' customer the U.S. Patent and Trademark Office.
In its lawsuit, T.R. Systems claims its own clumsiness isn't to blame for the server's destruction. "The damages sustained by T.R. Systems was due to the poor workmanship and/or defective packaging design and methods used by IBM," the company argues in court papers.
T.R. Systems says IBM failed to pack the server into a palletized crate "that was strong enough to support the substantial height and weight of the server." Court papers do not specify an IBM server model number.
In a statement, IBM officials said "we will defend ourselves vigorously" in the case. The company declined to elaborate or discuss details of its shipping policies.
T.R. Systems is seeking damages in excess of $1.4 million.
www.informationweek.com/news/showArticle.jhtml?articleID=201802399
My guess is, IBM doesn't sell very many $1million servers - they may have had no palletized crates designed for the added weight/dimensions/top heavy nature of such a server.
Their standard palletized crate was probably designed for their more popular $250,000 server design.
Regards,
jtleon
but even than if the packaging was not perfect Im sure it would handle the server under normal circumstances for sure!
Plus T.R. as a purchaser would stipulate in the contract that the proper shipping crate be use prior to shipping. Thus an IBM inspection prior to the packaging and shipping would take place. Everyone wants to protect themselves.
Upon delivery,T.R. inspects the shipment, signs a release slip and then accepts and assumes full responsibility for the movement of the cargo.
This happened after T.R. removed the crate off the truck, and in transit it fell off the fork due to uneven ground....If they moved the server with proper protocol, it would have been a team that moved it slowly into the facility. Not just a forklift driver.
Can you imagine the IT guys waiting to install the server just sitting inside waiting....NOT happening...they are out there helping move or telling the forklift driver to take it easy....they know $$$$$$$ what it is being moved. There is nothing said about this, so I assume the driver of the forklift was alone and T.R. f++ked up.
dam must have been some good size pothole, GET THE "CAMERA" (IBM)....or fill it quick (T.R.)...If a curb, well it sounds like a evening delivery or a rookie driver, or just a careless driver of the forklift.