Damaged Goods via Mail

[edsel_adams]

<p>I recently bought an old camera off of Ebay. And the box was split, and the items inside which were wrapped in p-nuts and bubble wrap, were cracked and bent. This came via the USPS but they claim they aren't responsible for damage, and the seller won't help. it looks like the box got crushed under a truck!</p>

<p>What to do? It is obvious that the damage occurred in transit, and that the goods were fine when they were shipped . Is this just a case of caveat emptor ( the buyer beware)?</p>

[aplumpton]

<p>If your shipment was insured you may be able to claim, although some postal authorities insure only for loss. If you paid via PayPal you might get some help there, but I don't know for sure as I have not had to make any claims to them.</p>

<p>Can you be sure that the goods were fine when shipped or that the container was well assembled? I have never had any problems with Canada Post or USPS when I've used trackable or insured post, but there are always exceptions of course. Try another call to USPS, unless thay clearly mentioned at the outset (fine print of course) that they are not responsible for damage</p>

[steve m smith]

<p>It is the seller's responsibility to ensure goods are delivered to you in good condition. It may not be their fault if things get damaged but it is ultimately their responsibility to put it right. They can then make a claim against their courier/delivery service of choice because the delivery contract is with the seller not the buyer.</p>

<p>Similarly, I will never buy anything from an Ebay seller who claims that it is not his responsibility if the item gets lost in the post. Again it may not be his fault but it is his responsibility.</p>

[carbon_dragon]

<p>If he gave you the ability to insure and you didn't, then I don't see what you can do. If he didn't give you the option and it arrived broken, then I'd complain to eBay if you can or to Paypal if you paid that way or to your credit card company if you paid that way. This is an object lesson why insuring is a good way to avoid arguments.</p>

<p>Of course even insurance generally has it's pitfalls. I haven't sold on eBay in a while but I was alway pretty paranoid about wrapping up the stuff for shipment. But there's no way to keep this from happening once in a while. I hope it works out for you.</p>

<p>p.s. If you paid by credit card, you can call your credit card company and they will send you a form. You need to fill it out, sign an afadavit and send it back to them. Then the credit card company works with you on the dispute. Keep the item and its packaging and document the condition right away. Then eventually, if it goes well, you end up having to return the item to the sender who then charges back your money. I'm working with my Mom right now on a charge on her bill. It's a complicated process and it doesn't always work and it only works if you charged the item on your card.</p>

[phule]

<p>At least you got your goods.</p>

<p>I bought a hard drive off Amazon.com recently and someone from the USPS stole it while it was in transit. Not the box, mind you, but the hard drive from the box. The thief put the bubble wrap back in the box and re-taped it and send it on its way.</p>

<p>Amazon sent me a replacement the next day.</p>

[Michael R Freeman]

<blockquote>

<p><em>If he gave you the ability to insure and you didn't ...</em></p>

</blockquote>

<p>Doesn't matter, at least on goods purchased via eBay. After recent changes to their selling policy, *sellers* are responsible for purchasing and paying for insurance on the goods that they ship. Sellers are not required to insure shipments, but they are responsible for delivering the goods to the buyer in as advertised condition, and if it is lost (or damaged) it's up to the seller to make good. And they can't claim the buyer "declined the option" as it is no longer an option.</p>

<p>If your seller refuses to help after reminding him/her of the above, and presuming you paid via PayPal, then I would suggest that you open a "Significantly Not As Described" dispute through eBay.</p>

[Jerry_]

<p>"If he gave you the ability to insure and you didn't, then I don't see what you can do."</p>

<p>Why would the buyer want to pay for insurance? <strong>Only the seller can collect</strong> , so the common sense thing would be for the seller to insure the 'stuff' until the buyer had the item or items. Paying your money for the seller to hold the insurance receipt <em>is not a really good deal</em> .</p>

<p> </p>

[kelly_flanigan1]

<p>In camera repair I have received a box like this; but the dead camera worked with no issues. The shipment *fixed* the problem! </p>

[Tim_Lookingbill]

<p>I bought a Sears 80-200 zoom lens off ebay and it arrived in pieces. Contacted the owner and he refunded my money and I sent it back to him. However, the lens was under $100.</p>

<p>Regardless of that you might want to plead with the owner to do the same and if not leave negative feedback stating the truth about the situation on ebay.</p>

<p> </p>

[Ed_Ingold]

<p><strong>Why would the buyer want to pay for insurance? Only the seller can collect</strong></p>

<p>Not necessarily. Look up "bailment" and "F.O.B.". In lieu of a written agreement to the contrary, common law and the Uniform Business Code apply. In general, you are SOL with lost or damaged shipments via USPS. Insuring the package is slightly better, but it's not easy to collect and can take a long time. Next time, pay to ship via UPS or FedEx, and don't sign for a damaged package. If it doesn't arive at all, you can trace it. Try that with the Post Office ;-)</p>

[daverhaas]

<p>If insured - Keep the box, wrapping material (packing material) and damaged item. The USPS will require all of that when the Shipper (not the recipient) makes a claim. They will also want to see the damaged item - it's easier if there are before and after photos to back it up.</p>

<p>If not insured - yes ebay has changed their policy - it is now on the seller to insure - you can't make it optional. But honestly - I know of nobody that doesn't insure anything over $50.00 in value.</p>

<p>I recently sent a client a print - 11x14 in a flat with cardboard (thin) backing to hold it even marked it as photos do not bend. I insured it for $50.00 - client got it 3 days later (should have been there in one) and it was bent, folded and mutilated. Client sent me everything back - I filed the claim and got a check for $50.00 from the USPS.</p>

<p>Dave</p>

 

[john_h.1]

<p><em>In lieu of a written agreement to the contrary, common law and the Uniform Business Code apply.</em></p>

<p>Do you know if both sides agreeing to abide by Ebay's written rules regarding the conduct of treansactions amounts to such a written agreement?</p>

<p><em>Next time, pay to ship via UPS or FedEx, and don't sign for a damaged package</em></p>

<p>If these items are left at the address instead of being given to the recipient in person, these organizations have considered it an accepted delivery even when there was obvious damage.</p>

<p><em><br /> </em></p>

[aplumpton]

<p>UPS and Fedex are probably fine within the US, but if you ship to, or receive from, Canada or elsewhere, expect to incurr, for yourself or the buyer, the high brokerage fee they charge that is absent from postal shipments.</p>

[ken_kuzenski1]

<p>Not entirely on topic, but my first medium-format camera came by either UPS or FedEx. I had it shipped to my work address, and when it arrived, the box was crushed in the center, very visibly crushed, and there was a big honkin' FOOTPRINT on the box where it was crushed in.<br>

Luckily, the nice folks at Midwest Photo Exchange had packed the camera very thoroughly in one box, then packed THAT box inside another, and the inner shipping box was undamaged--it was just the outer box that was damaged. :-)</p>

 

[lintrathen]

<p>Edsel...... this could be a learning curve for us all. Please let us know how you get on.<br>

Regards</p>