Good advice so far. Here's a little more info: it is the seller who has a contract with UPS, hence he is the one who has an insurance claim. It doesn't matter that the buyer agreed to pay the shipping charges; that does not make him a party to the shipping contract. But, the seller DOES have a contract with the buyer to deliver a specified product. If he cannot do so in a timely fashion he has no right to keep the buyer's funds and should return the prepaid fees to the buyer immediately. What the seller owns now is damaged goods and a claim with UPS for damaging those goods. The buyer shouldn't have to wait for the seller to be reimbursed before receiving a refund and shouldn't even be involved at this point. Personally, I don't believe it is fair for the seller to "have his cake and eat it, too." This is why I only do deals COD (so I can inspect the package and refuse it if outwardly damaged) or on a credit card (and not through Pay-Pal as that provides no protection.)
UPS Question/Problem
I bought a center speaker from a seller who stated he'd insure it for replacement value of $1,600. I paid $600 because it was used and had a "nick" on one corner. Speaker came in horrible condition, don't know if it's shipping or deceitful seller, but seller claims "as new" when shipped. Speaker trashed due to broken cabinet. Called UPS to make a claim, they say the seller has to file the claim? Now seller says he'll file claim and give me my $600 back, and I presume keep the extra $1,000!!! He's now stating he only insured for $600 and doesn't remember telling me otherwise, though I have the email to prove it. This seems like fraud on sellers part? Don't I now own the speaker since I paid in advance (including shipping and insurance)and received shipment? I bought and received a speaker, now I get tossed aside and the seller makes an easy $1,600? This doesn't seem right. UPS screwed up MY speaker, aren't I the one due compensation with a replacement speaker?
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- 17 posts total
- 17 posts total