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Opinions needed

Discussion in 'Hardware Classifieds' started by TanT, Aug 19, 2003.

  1. TanT

    TanT Stunt Coordinator

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    Hello everyone.

    I am in a sticky situation and need all the input I could get.

    I recently bought a pair of used and discontinued speakers from a member of this forum. The speakers were shipped via Fedex ground insured a bit more than the actual paid price.

    When I got home from work I could tell that one of the speakers was damaged by the look of the box the they were shipped in. Please note that these speakers weight more than 65 lbs each and they were single boxed.

    Hoping for the best I went a head and opened them up for inspection. Sure enough one speaker was badly damaged.

    I then tried to contact the seller, he told me to let Fedex pickup the damaged speaker and they will pay me for the insured amount.

    This is where the problem comes in: if I was to let Fedex pickup the damaged speaker that would leave me just the one speaker. It's totally useless to me and most other just to have a single speaker. Of course Fedex won't pay for both since only one was damaged. Not only that, the seller try to blame me to not refusing the speakers when they were delivered by Fedex.

    On top of that when I tried to explain to the selle that I am not getting what I paid for and I didn't pay for a single speaker and some money from Fedex, the seller said this is a private sale and he hold no resposible for what happened. He also said that because he sold the speakers for cheap, this is what I have to live with.

    Please let me know what you think and what I should do.

    Sorry for making such a big deal out of this but I hate the fact that the seller was blaming me like it was my fault.

    Thanks for listening.
     
  2. JessPrice

    JessPrice Stunt Coordinator

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    That's a tough situation. Maybe you could contact the manufactor and see how much it would cost to get it repaired and then try to bill fed ex the amount?
     
  3. David_Wh

    David_Wh Stunt Coordinator

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    I agree with the seller. 1) you should of refused the package if you saw that the box was damaged. 2) Insurance was purchased exactly for this kind of situation. It is now your responsibilty to collect from FedEX. 3) The seller cannot gurantee that the package will arrive as expected because he has no control over the shipping company and their employees. All he can do is hope for the best.

    Although it is an unfortunate situation, what would you like to see the seller do? Have you offered up any kind of solution or common ground?

    Just to let you know, FedEx usually take 2 months or so to settle a claim.

    thats the way I see it...good luck. I hate for anyone to not get what they expected. Unfortunately accidents happens.


    DWhite
     
  4. Gregg Loewen

    Gregg Loewen Video Standards Instructor, THX Ltd.
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    it is not your problem.

    The SELLER is legally obligated to deal with the shipper / insurance company. Send the gear back to him and ask for a full refund.

    Regards

    Gregg
     
  5. TanT

    TanT Stunt Coordinator

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    Now that's a great moderator [​IMG]

    Thanks Gregg

    Unfortunately, the seller is refusing to talk to me now [​IMG]

    He said it's up to me to work it out with Fedex. I've made him an offer to take a little bit of money off the price of the speakers and close the transaction but he wouldn't take it.

    As far as Fedex goes, I don't want to have them pickup just a single speaker but they won't go for both [​IMG]

    What should I do next?
     
  6. David_Wh

    David_Wh Stunt Coordinator

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  7. Vince Maskeeper

    Vince Maskeeper Producer

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    I've said it before, and I'll say it again- it the the seller responsibility to get the item to you. If they hired their Drunk Uncle Jim to drop the speakers off at your place, would it be you responsibility to deal with it when the item arrives broken? Nope.

    The contract for shipping is between the shipper and the carrier, the person receiving has zero to do with it.

    But, as an aside-- if the shipper is willing to settle up on insurance from FEDEX, they are only really responsible for handling the single speaker. As much of a pain in your ass that is...
     
  8. Gregg Loewen

    Gregg Loewen Video Standards Instructor, THX Ltd.
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    in my dealings with UPS...

    as a receiver...UPS will talk with you an arrange for free pickup/ return shipment to the seller. However, the seller will be receiving the check from UPS for the settlement. It is the seller's responsibility (as Vince has also pointed out).

    regards

    Gregg
     

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