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UPS lost the Tools...so buyer is screwed?

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Old Jan 23, 2014 | 10:56 AM
  #1  
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UPS lost the Tools...so buyer is screwed?

I purchased a set of Coilover from an EvoM Member. As stated by the seller, this includes all four coilover and the spanner wrench (Tool).

https://www.evolutionm.net/forums/sa...oil-overs.html

When i received the shipment, the box was not in good condition.

UPS lost the Tools...so buyer is screwed?-img_20131223_171326.jpg UPS lost the Tools...so buyer is screwed?-img_20131223_171342.jpg UPS lost the Tools...so buyer is screwed?-img_20131223_171656.jpg

so i took the pictures and immediately notified the seller about the shipment. I was concerned that one coil may have been lost, but luckily they are all there. The only thing missing are the two Spanner Wrenches (Tool). After exchanging text messages with the seller, i eventually get a phone call from him. Infuriated that UPS destroyed the package. He also mentions that the Spanner Wrenches were tucked in securely in the package, which i tore apart and did not find any. So we continue to converse and he agrees to find replacement tools (He claims he has extras in the car) and if that doesnt work he is willing to purchase replacements. Sounds great!

Today, I still dont have the spanner wrench. Seller claims that he is too busy with life and finding a tool in his car is not a priority. Also, he states that i should take this agains UPS since they lost it (which doesnt make sense since i'm the receiver). I asked if he can just give me $20 so i can buy and order the tool, which he said he wouldnt. Clearly the seller is no longer willing to work with me on this.

In this scenario is the seller responsible for replacing the lost tool during shipment?
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Old Jan 23, 2014 | 11:26 AM
  #2  
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I'd like to hear from the seller, but their ad says "wrenches included" and the price is "shipped". If they didn't make it to your door, it's the seller's responsibility to replace and file with the shipping company. There's always 2 sides to the story though, so I'll PM the seller.
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Old Jan 23, 2014 | 11:42 AM
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^thanks.
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Old Jan 23, 2014 | 12:14 PM
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i would have declined shipment once i saw that box, These issues usualy end up like this and its usualy put on the buyer. Sucks but nice suspention at least.
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Old Jan 24, 2014 | 04:53 AM
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The box showed up destroyed and allegedly the wrenches were missing. He asked for money. I said i'm not just giving you money. I told him i'd look for another set of wrenches at home and work, cant find a set, told him so. Haven't heard from him since jan 13th so i figured he just got some wrenches..which is what I would of done. I don't have time to worry about some wrenches that I don't even know were missing in the first place. They were packed in there when the box left work in great condition. All we have is allegations. I'll provide links to other forums where I have great buyer/seller feedback. I don't dick anyone over. feel free to give me a call i'll pm you.

Last edited by jmorris1027; Jan 24, 2014 at 05:40 AM.
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Old Jan 24, 2014 | 10:10 AM
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Originally Posted by jmorris1027
They were packed in there when the box left work in great condition.
Packing them in the box is a prerequisite for them arriving at the buyer's place, but your responsibility did not end there (as pointed out above).
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Old Jan 28, 2014 | 01:50 AM
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Originally Posted by Iowa999
Packing them in the box is a prerequisite for them arriving at the buyer's place, but your responsibility did not end there (as pointed out above).
I tend to disagree. I would think that shipping them would legally end my responsibility if I was the seller considering that once a item is shipped it is out of my hands. I tend to think that the buyer always has the option of adding insurance to a shipment.

Now with that being said, I personally would try to work with the seller by first contacting the shipping company and going that route first and if all else fails I would try to make a reasonable attempt at sharing the cost of replacing the missing item simply because I would want to be fair.

The buyer did have the option of not accepting the package.
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Old Jan 28, 2014 | 01:56 AM
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Originally Posted by droppinbottom
i tend to disagree. I would think that shipping them would legally end my responsibility if i was the seller considering that once a item is shipped it is out of my hands. I tend to think that the buyer always has the option of adding insurance to a shipment.
Insurance is ALWAYS for the seller.
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Old Jan 28, 2014 | 02:56 AM
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Originally Posted by kpt6
Insurance is ALWAYS for the seller.
Sort of. Usps and fedex allow payment for insurance claims to be paid to either party.

Seems ups only allows claims to be paid to the shipper.
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Old Jan 28, 2014 | 04:48 AM
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Originally Posted by droppinbottom
Sort of. Usps and fedex allow payment for insurance claims to be paid to either party.

Seems ups only allows claims to be paid to the shipper.
It isn't a "sort of" it is actually PayPal policy and protection provided to the buyer. (Which I am assuming this transaction was done under) It is the seller's complete reponsibility to ensure that the items described and/or included arrives to the buyer. If the package is damaged it is up to the seller to contact the shipping claims department and resolve the matter themselves. The buyer has the option of requesting a dispute regarding the transaction where a full refund request can be enforced by PayPal. A partial refund or item replacement may be requested but this can only be decided by the two involved parties themselves.

It is the seller's reponsibility to protect themselves with insurance as described under PayPal policy. FedEx and UPS provides default insurance on packages up to $100 and it is up to the seller to request additional coverage. If the extra coverage exceeds the amount they are willing to pay out of pocket then the additional cost should be reflected within the sell price.

Last edited by EvolvedAK; Jan 28, 2014 at 04:52 AM.
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Old Jan 28, 2014 | 06:30 AM
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Originally Posted by droppinbottom
I tend to disagree. I would think that shipping them would legally end my responsibility if I was the seller considering that once a item is shipped it is out of my hands. I tend to think that the buyer always has the option of adding insurance to a shipment.
As already mentioned above, you are simply wrong. Maybe there's an argument when the buyer is paying for and choosing the method of shipping, but when you sell something as "shipped," it's your responsibility all the way to the buyer's door.
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Old Jan 28, 2014 | 08:45 AM
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Is ship UPS all the time and have to make claims pretty often. Shipper HAS to initiate the claim.
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Old Jan 28, 2014 | 03:42 PM
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was the shipment fully insured? if not then the seller owes the buyer the tools.
if it was insured then given the condition of the box it is the carriers fault. file a claim. its not the sellers fault but he should help you resolve it.

sorry but if i walk in to your house and kick your TV set it is not Samsungs fault it broke.

i always ship using insurance. and most of the time signature required. if the box/package is damaged it does not get excepted without opening it and looking at the condition of what is inside. once i approve then i sign the drivers key pad thingy.
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Old Jan 28, 2014 | 04:39 PM
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why is this so hard? insurance claim should have been filed immediately. i think fedex and ups ground carry $100 minimum insurance. damaged packaging must be retained.


becareful with usps however. in my experience they don't honor their insurance. shipped my dad a laptop, put $200 of insurance on it. the box was destroyed. laptop screen was cracked. my dad filed the claim. they sent him $20 with a letter basically stating the laptop was still usable. appealed the claim, sent an addition $25. what a joke.

Last edited by momostallion; Jan 28, 2014 at 05:00 PM.
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Old Jan 29, 2014 | 07:04 AM
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Originally Posted by evodan2004
sorry but if i walk in to your house and kick your TV set it is not Samsungs fault it broke.
In the spirit of the above, I feel compelled to point out that making a completely irrelevant point - even when said point is true - rarely helps to solve a dispute.
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