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Old 11-18-2010, 07:46 PM   #1
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Unhappy Need Advice concerning sale here on MT.net

I was parting my car out at the beginning of this fall/end of the summer. I sold a Koyo 38mm rad + mishimoto fan shroud to a member of this site about 3 months ago. The sale went smoothly. I packaged the items and brought them to fedex where fedex inspected the packaging and insured the items for the cost of the sale.

A week or so later the seller contacted me to tell me there was damage on the fan shroud and sent me a few pictures by email. They were clearly damaged in shipping, they had been in flawless shape when I shipped. I told him that they had been insured and that he should look into getting insurance money for the part. Apparently they denied his claim and refused to send him money. I have neither seen nor heard the specifics of their denial of claim. I offered him 50$ just to close the case. The damage wasn't bad and it could be fixed with some glue. He said he wanted to look further into a full insurance claim.

Around this point I began a job working on the 2010 midterms for a political campaign. I was working 100hrs-120hrs a week. Approx a month or so into my job I recieved a big package. It was the rad + fans. They had been shipped back to me. No idea why. Couldn't do anything about it with the hours I was working.

On election day, I got an email where the buyer told me he just wanted a full refund. I told him I would send it as soon as I could, ideally the weds after election. Because of what happened in the election, I had to do a roadtrip to HQ for a big debriefing and discuss whats on the plate for staff. Wasn't able to send a refund. For a variety of other reasons including a girlfriend in the hospital, desperately trying to catch up on school from the time missed during my job, and the flu, I'm here 2 weeks later looking at solving the issue for the last time. This is the first 20 minutes I've had in a few months.

Heres whats on my plate:

- The items were further damaged when shipped back to me. The fans are completely broken off from the shroud.
- The radiator which was in fantastic shape when it was shipped and unmentioned in the damage to the shroud, now has a series of moderate to severely bent fins
- I am not in a financial position to be able to give a full refund, especially for broken parts.
- Its more than 3 months since they were sold and paid for via paypal. I care about my rep here, but i've no idea what to do. I normally try to fix disputes as soon as I can but in this case, I just couldn't with the job I was working.

I was under the notion that the seller gives up liability when he gives the item to the shipper who then transfers that liability to the buyer. What do I do when the buyer ships them back to me?
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Old 11-18-2010, 08:03 PM   #2
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So the sale was over 45 days ago?
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Old 11-18-2010, 08:47 PM   #3
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So the sale was over 45 days ago?
Yessir.
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Old 11-18-2010, 10:28 PM   #4
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If the buyer does something without your agreement first, it's on them, not you.

I wouldn't be giving money back unless they insured it and your claim comes through.
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Old 11-19-2010, 09:19 AM   #5
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Originally Posted by nagase View Post
if the buyer does something without your agreement first, it's on them, not you.

I wouldn't be giving money back unless they insured it and your claim comes through.
+1
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Old 11-21-2010, 12:18 AM   #6
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When the recipient files a claim, the seller usually has to supply pre-shipping photos to prove the initial condition of the item. If you didn't provide such information, that's probably why they denied the claim. Keeps people from putting a piece of garbage in a box, insuring it for a crazy amount, then placing a claim on the other end.
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Old 11-21-2010, 02:24 AM   #7
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But if the shipping company employee inspected it and put his "ok" on it then I don't see the problem.
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Old 11-21-2010, 02:55 AM   #8
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What!?
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Old 11-21-2010, 02:57 AM   #9
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What!?
No idea what you're referring to, this is just hilarious.

18psi, there's a BIG difference between "ok, we'll take your money to ship this" and "ok, here's us giving you money."
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Old 11-21-2010, 03:00 AM   #10
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Originally Posted by soflarick View Post
When the recipient files a claim, the seller usually has to supply pre-shipping photos to prove the initial condition of the item. If you didn't provide such information, that's probably why they denied the claim. Keeps people from putting a piece of garbage in a box, insuring it for a crazy amount, then placing a claim on the other end.
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But if the shipping company employee inspected it and put his "ok" on it then I don't see the problem.
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Originally Posted by soflarick View Post
What!?
Many shipping companies won't insure something for a high value unless one of their employees is allowed to open the box, take a look at what's inside, and "approve" the value and make sure its packaged properly.


A few years ago I sold an expensive subaru turbo to this guy on the east coast. Insured it for 1200. Fedex employee told me for that insurance value he'd have to "inspect" the item and approve it. I let him. The turbo arrived damaged.

Buyer filed a claim. I backed up his claim. He got compensated. All was well. End of story.

I don't know if they refunded him partial payment to repair it or full payment or what, but he was fine with it.
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Old 11-21-2010, 03:07 AM   #11
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Never heard of that, but as you stated your item was insured for a large amount. Perhaps there's a threshold for such an inspection. My experience has been that if I want to ensure a claim would be honored, I (the shipper) has to take photos of the item being shipped. I shipped a $200 coffee grinder, and it was damaged in shipping. Had I not had photos of it before shipping, the recipient would not have received a refund.
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Old 11-21-2010, 11:28 AM   #12
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Quote:
Originally Posted by soflarick View Post
Never heard of that, but as you stated your item was insured for a large amount. Perhaps there's a threshold for such an inspection. My experience has been that if I want to ensure a claim would be honored, I (the shipper) has to take photos of the item being shipped. I shipped a $200 coffee grinder, and it was damaged in shipping. Had I not had photos of it before shipping, the recipient would not have received a refund.
Which company was this? UPS? USPS? FedEX?

A couple weeks ago I could still say I've yet to have any troubles with USPS, but unfortunately last week a case of oil that I shipped was damaged and 2 cans opened, soaking the entire box, thus the buyer was a little unhappy. Seeing that it was a $200 case of oil, I told the buyer I would send him 2 cans on my dollar to keep him happy and to avoid dragging it on through a claim of any type.

UPS? ******* FORGET IT! Those idiots have damaged more packages going to and from my house than I can count on all my fingers and toes. I've literally seen the UPS driver kick packages out of the truck onto the snow covered ground, go to pick it up, and drop another one in the process. Vlad and I actually had a problem with a transaction we had for my old wheels when UPS damaged the boxes and the bag with the center caps became lost during transport. Filed a claim through my rep and I was able to get the cost of shipping back.

FedEX was the company I used to ship my bro's $3600 Kramer Baretta that I sold for him. That was the only time I ever took pictures of the package before I shipped it. I even had the guy file a claim against me in PayPal saying the guitar was damaged, but I never had to go into any kind of claim with FedEX because I knew he was a ******* liar. That was a couple month long case through PayPal that froze $3600 in my account!

I think it depends on the company you use, and the person that picks up the phone when you call. Companies have certain polices in place, but in my experience those polices vary depending on who you speak to, and how high up on the ladder they fall into place.

Naarleven, your case sounds more like something you need to bring up with PayPal, rather than the shipping company. I don't want this to come off "dickish", but you really have no obligations to do anything at this point. Its really just up to your conscience on this one.

If its been more than 45 days, and the buyer just up and sends back the package, without ANY communication about it, thats on him. Seeing that he sent it back, PayPal might tell you to just refund him the money. So be aware that might be what they make you do, if you contact them.

If it was me, I would contact the buyer and say, "You sent me back the package with the items damaged to the point were I can no longer use them, nor can I re-sell them. So I'll send it back to you, on my dime, and you do with them what you want." Or something like that. You tell him whats up, and just do it. If you start asking him or PayPal what to do, it will end in you keeping the broken ****, and him getting a full refund. **** that.

Just my Good luck!
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Old 11-21-2010, 11:56 AM   #13
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seriusly man I wouldnt let this bother you it seems you have done all you can to make the **** happen. My policy has always been once the **** is shipped its not my problem anymore, if you wanted compensation i would go in person to see the guy who shipped it for you and persue your options for refund etc.
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Old 11-21-2010, 11:56 AM   #14
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I think the $50 you gave him to cover the cracks that could have been repaired with plastic epoxy is very fair. He shipped you the parts without contacting you and getting the ok. It's past 45 days so the paypal claim is a non issue. I'd tell him that if he wants to email you a prepaid shipping label that you will gladly send him back the package since you now can't resell the radiator as a perfect condition part. Give him a time frame. If he hasn't supplied the shipping label by X date, then you are keeping the parts and his initial payment.
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Old 11-21-2010, 02:02 PM   #15
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Just because he shipped it back doesn't mean you owe him a refund.

Put them in the attic, consider them his should he ever care to pick them up, or pay you for your time and effort to ship them back to him.
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Old 11-21-2010, 02:27 PM   #16
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i agree.
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Old 11-21-2010, 06:17 PM   #17
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+1

If he shipped them back to you without even telling you, he deserves no compensation whatsoever.
Who the hell DOES that? Thats so stupid.
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Old 11-21-2010, 07:14 PM   #18
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IMO you need to give him a refund because you said you would. As much as it may suck, you stated that you would give him a full refund in the initial post and I believe people should do what they say they are going to do...otherwise they shouldn't make promises they won't keep.

What will work out good for you is you don't have to be quick about sending the money seeing how you said you'd give him the full refund when you get around to it. Now that the radiator is yours again sell it to pay the mildly handicapped person back.

Or you could go back on your word and ignore him.
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Old 11-21-2010, 07:58 PM   #19
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If he shipped it back to you without you knowing it, he just gave it back to you as a present.

Sucks to be the buyer. Something does sound a bit fishy on his end though.
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Old 11-21-2010, 08:15 PM   #20
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Ask him what he wants you to do with his parts that just showed up at your door. The only options should be send it back or toss it in the dumpster, your not walmart, and if the goods were in as advertised shape when you put it in the box its not your problem.
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