Who's rite and who's wrong

[Jimmy McNeil]

I recently bought a set of front crg brakes (calipers, master cylinder, rotors and carriers) out of the classifieds on this site. When I received the package, it contained one front rotor and a bunch of useless electrical wiring , not at all what I had paid for. I contacted the seller and sent him a picture of what I received, he said it looked like the box fell open during shipping, they repacked the box with electrical components and re-taped it.

When I asked how we are going to resolve this problem, he told me that he packed the parts, shipped the box, and I received it. He did his part. I told him that I paid his asking price and got a box full of junk. He did not insure the box.

The way I see it, he made two (possible three) mistakes. He shipped expensive components without insuring them, He shipped through USPS, without a doubt the worse shipping company of the three, and last, he prob didn’t tape the box up well enough.

So my question is, who’s at fault and what would be a fair resolution?

 

[Stephen Lamana]

Jimmy,

That could go both ways. Obviously you’re not at fault in any way shape or form. But if the box looks like its been re-taped and destroyed like a typical USPS package then maybe stuff did fall out, but I don’t see why they would repack it with wire and deliver it. In my experience with all shipping companies when the box gets a hole or opens up, they put it in a different pile and send it to a main “hub” where it sits forever. Once that happens insurance takes effect and they send you money.  So by him not having insurance you can do 2 things. Ask for him to send you a refund and you’ll send the item back, or file a claim with the shipping company and have them assess the damage and maybe they will still cover it with out insurance (UPS does but it takes forever). Since its USPS I would plan on waiting a while for a reply, you know the government…

Then again, he could have just stiffed you. File a claim with paypal maybe? If thats how you paid.

[Mike Bray]

That is such a tough one and there’s no real answer to your question.  Technically he probably fulfill his obligation unless you specifically requested something other than what he did.  Now you’re out money and don’t have your parts, that sucks.

I know it’s little consolation but I’ve learned this lesson the hard way from both sides.  Last year I sold a Comer part on ebay and shipped it by USPS.  The buyer claims he never received it (no way to prove either way) and PayPal gave him a refund which I had to reimburse even though I have a receipt from the post office.  Fortunately it wasn’t that much money but what pissed me off royally is the wanker left negative feedback on me on ebay.  He got his money back and I have a very, very long history of positive feedback so I’m at a loss as to why he would do that.  I’m just hoping karma catches up some day.  I’ve also had similar situations as you’ve just experienced but usually I don’t receive anything at all.

Now days I only ship and have items shipped to me via Fedex or UPS so they can be tracked.  It may cost a bit more than USPS but you always get what you pay for.

Sorry for your loss.

 

[Leo Ahearn]

This is actually really simple.

As a responsible seller, you are responsible for the buyer having in their hands what you advertised and they paid for.  I always include shipping and insurance in my sales.  Insurance can be paid for or you can be self insured, but in either case the claim with the carrier is between the shipper and the carrier, not the buyer.

Another way of dealing is where the buyer has the shipper ship the item using the buyer’s account number with the carrier – aka FOB – in this case, once the item is in the carrier’s hands it is the buyer’s responsibility that it arrive safely or deal with the carrier himself.

This avoids the situation you are in entirely, before it happens, because what you describe here happens all too often.

If I have a dispute, the first thing I do is refund the buyer’s money and have the item and packaging picked up by the carrier.

Buyer beware if you did not work this out ahead of time.

[Walt Gifford]

Let me get this straight, The package broke open (BS) and everything fell out except one brake rotor(BS) then all the stuff that fell out got lost(BS) and the post office found the broken box and it happened to be next to some stray electrical wiring that just happened to be laying around (total BS) so they packed it in there (more BS) and sent it to you? Excuse me, I don’t think so. If USPS has to fix or repack something there is a notice on the package somewhere. If you can, stop payment or, do a charge back asap.

Gif

FAA certified jet engine and aircraft technician,
Nicholson Speedway class champion 2001,
Yamaha KT100 Service Center,
41 years karting experience

[Tim Koyen]

You are right.  He should give you a refund and you should return his parts.

KartLift Kart Stands
DeepSeat Kart Seats
877-777-8020
------------------
Don't bother PMing me, it doesn't work. Email is best: tim@kartlift.com.

[John Matthews]

Not even a question. If he refuses to make it right contact your local post office about filing a mail fraud claim. If you’re going to mess with people you really shouldn’t use the government to help you with it.

John

[Bernie Baldus]

On a deal like this it is all he said she said, unless the seller video taped everything and the buyer shot video opening the package.  I had a similar deal, I sold an iphone, upon receipt the buyer claimed it didn’t work.  I refunded and he returned me a box of breath mints.  I now had no phone and no money.  The buyer had the phone for free.  Lots of scammers out there, buyer (and sellers) be aware.   Paypal stepped in for me!

 

bb

 

[Jeff Salak]

The person shipping its his fault in my opinion. I order lots of parts and sell lots of parts. About 50% of the time I recieve packages. I see a person that spent 30 seconds to pack and another minute to secure with tape. The box is barely in one piece cause of shipper not taking an extra 5 minutes to tape the box up.
In the case of front brake parts, heavy with sharp edges to break open easily. You tape the shit out of the box so it doesnt open, very simple. Problem is people are do damn lazy to do the right thing!!!
Its not the post office fault the idiot doesnt package it well for shipping!

[tony zambos]

Jeff,

Go get them and please don’t hold anything back!  Totally agree with you.

LAD Specialties customer / tony kart / rotax / kt100

[mark waller]

I’ve lost all faith in the US Postal Service.  In last two years, two packages sent to me thru USPS just never showed up.  I called and they showed the packages were delivered.  One ended up showing up about a week later; where it was I was never told (although when I first called, they said it had been delivered (obviously to a wrong address).  When possible, I make sure to get stuff sent UPS or FedX.  Nobody’s perfect, and I’m sure the folks at USPS generally do a fine job, but there appear to be too many “exceptions” working there.  In your case, the shipper should have insured it.  Red tape nightmare to get any recovery, but with persistence it eventually happens.

[Keith Bridgeman]

I’ve shipped and received many packages and worked in the mail and shipping industry for many years.   I’ve pretty much alway had good luck with the USPS.  You can free tracking with Priority and standard package delivery.   UPS and Fedex are so dam over priced.

The main problem I’ve seen is people don’t know how to pack things.   Tossing it in a box and slapping a piece of tap on it while shipping a heavy box is asking for trouble.  I’m amazed that some things I’ve got made it at all.

This sound to me like a scam by the seller or he just boxed it so badly it came apart, also on the seller.    I doublt USPS is at fault here sorry.

http://bridgemanbroskarting.blogspot.com/

[Mike Bray]

I wouldn’t say it’s chronic I’ve certainly had issues shipping and receiving with USPS. Never had an issue with packing (I use the shipping department at work), just lost stuff.  I’ve had a ton of stuff delivered to the wrong address, this seems to be their favorite.   I’ve got a batch of relatives that all worked for the post office and they all tell me it ain’t what it used to be.  Never once had an issue with Fedex or UPS other than the occasional delayed shipment.  At least you can track with them.

 

[Keith Bridgeman]

Another thing,  its your a fellow karter.  Something you shipped didn’t go right so,   discuss it and come up with some type of agreement on money back or something.   To just say not my problem is such a craigslist thing.

http://bridgemanbroskarting.blogspot.com/

[Jeremy]

How did you pay? If credit card then call and they can credit you and cancel his payment.  If paypal then file a dispute and they will freeze his account until it is settled. If by check  then stop payment.

[Jimmy McNeil]

Thanks to everyone for the input. The seller text me a couple days ago and said if the post office didn’t find the parts in the next week, he would refund my money.

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