McIntosh - Posted - 11/06/2009:  12:59:48

Has anyone ever bought anything off of me that was purposely misrepresented? I've tried very hard to be really honest and stand up about every deal I've ever done. I sold a guitar on EBAY and the guy said it has a crack in it. Of course it didn't have one when it left here, but I may need a few folks to come forward as character witnesses.
Adam

Adam Mcintosh
www.Jetts-creek.com
www.themandolinstore.com
www.recordingking.com
www.Drybranchfiresquad.com
myclassiccountry.com

Bill Rogers - Posted - 11/06/2009:  13:23:32

Tell him you'll file an insurance claim against the carrier. If he failed to keep evidence the guitar was either packed incorrectly or damaged in handling, that's on him. Ditto if he rejected insurance. One of the great weaknesses of the Uniform Commercial Code that governs such transactions is that, while it requires sellers to offer insurance (buyer pays), it does not require the insurer to insure the buyer (who actually has possession once the seller ships) instead of the seller. A foolish oversight by the team that oversees the UCC (and the legislators who adopt it into law state-by-state).

Bill

jeremy blankenship - Posted - 11/06/2009:  15:09:15

Hey man you know I got your back ;) As far as character thats a stretch but quality stuff well ya got that LOL.... No serious hate to hear about the situation. If need anything let me know. Bill is right I would file a claim against the carrier. But for the most part its on him.

Jeremy

Hatfield Special #26
shut up and pick!!!

jhedblom - Posted - 11/06/2009:  16:58:45

If you did not deliver what you described it seems to me that it should be your responsibility to make it right. You have recourse to the carrier. a repaired guitar is not the same as a nonrepaired one. It has lost something in value. This may not be a popular view but I see the buyer as the victim here. If Janet Davis was in the same position she would make good on the transaction. I think almost all of you would think she should, How else could she do mail order business. Take the guitar back and send a refund. Repair and resell. Jack

rjanecek - Posted - 11/06/2009:  17:10:17

message sent

I have no time for snick snack today

Rick

Bill Rogers - Posted - 11/06/2009:  20:00:01

Your obligation is to deliver what you said you would to the carrier. It's then the carrier's job to get it safely to the buyer. That's why you have insurance. Who was the carrier, btw?

Bill

jhedblom - Posted - 11/06/2009:  20:42:06

Not to be argumentative but the. buyer has contracted with the seller not the carrier The seller must deliver what has been paid for ;not a damaged version of it. The seller has the insurance. From my perspective the seller needs to refund and reflect on his packing skills. He sounds like he wants to do the right thng. Jack

Bill Rogers - Posted - 11/06/2009:  20:46:50

Read the UCC. I'm not saying the law is well designed or fair; I'm saying it's the law. Further, an individual seller is not a company, which has other interests.

Bill

lightgauge - Posted - 11/07/2009:  04:21:34

Adam,
I would say to put yourself in the buyers shoes. If you had bought a guitar from E bay and received it with a crack, who would you look to for restitution? While the shipper may be legally responsible, most of us would likely feel the seller was responsible for getting what we bought to us in the condition we agreed to buy it. I have never personally liked being told, "I'm keeping your money, you go take it up with the shipper". There are legal obligations and I believe moral ones as well. Based on all the things you and I have bought/sold with no problem, I expect if you treat the buyer as you would want to be treated, all will be well. Good luck, Bobby

dj9124 - Posted - 11/07/2009:  04:46:26

Just my 2 cents, if the shipping company created a crack, that really is just the same as breaking a headstock, no matter how minor or major the damage I feel it is still the sellers responsibility to make it good. That is why I always held my breath shipping an instrument.
Dave

Bayou Talker - Posted - 11/07/2009:  05:03:54

In many cases the carrier will not accept a claim from the recipient. The shipper is the one that has to make the claim as they are the ones that contracted with the carrier. If the item was indeed packaged in a careless or insufficient manner then they may refuse the claim. Then it becomes the duty of the shipper to make it right. If it was packaged properly and still gets damaged, they will more than likely will want to inspect the packaging before paying the claim. There in may be a problem if the recipient has discarded the packing material. That is why I never trash any packaging until a good inspection has been made and no damage found.

All persons in a transaction have some responsibility. The shipper must package properly, the carrier must deliver it in good condition and the recipient must inspect it prior to discarding the packaging. If everyone else does their part, any problem in transit should be relatively easy to take care of. If however the recipient declines insurance as part of the deal then he accepts ALL responsibility for any problems. I personally refuse to ship anything of value without insurance. It is just to cheap to take the chance.

Cliff Hebert
Bridgeport, AL

Voyageur - Posted - 11/07/2009:  06:01:07

Cliff is 100% correct.

I shipped a beautiful, mint condition Heritage guitar a few years ago, and the carrier broke the headstock. The buyer flipped out and sent me a nasty, threatening email, accusing me of shipping a damaged guitar. I immediately contacted the carrier, told the buyer to send the guitar back to me with the original packaging, and promptly refunded his money via PayPal. I got a repair estimate, sent photos of the packaging to the carrier, and did get reimbursed. I had the guitar repaired and later resold it with full disclosure about the repair. I ended up losing several hundred dollars on the deal, but I know I did the right thing.

"Do not pray for an easy life. Pray to be stronger. Do not pray for tasks equal to your powers. Pray for powers equal to your tasks."
- Fr. Solanus Casey

rjanecek - Posted - 11/07/2009:  06:47:44

I would like to remind some of a banjo recently advertised for sale.

A reputable member placed the ad stating condition. The maker of the instrument pointed out a crack in the neck, the seller didnt see it. another member of reputable standing IMVHO played and stated there was NO crack anywhere on the banjo at all. some others didnt see it. some did in the pictures..perhaps the crack was there and not visable at all?

If I bought of ebay(EDIT BHO TOO)I would hold the seller accountable for the defect, or here for that matter. I recently bought a banjo off ebay that was completely destroyed in shipping, the banjo had been stored in a very wet damp place and was so fragile I dont think it could be carried across the room, in my opinion the seller purposely sold the banjo and planned on fed ex making a claim. in the end I got my money back, fd ex got ripped off, and seller is a jack ass..

Thanks for the reply Adam, Ill send mine soon

I have no time for snick snack today

Rick

Edited by - rjanecek on 11/07/2009 08:07:41

myfavefive - Posted - 11/08/2009:  09:20:04

Good tips here for any transaction. Makes me think to take detailed pictures of any instrument before shipping, as well as pictures of the packing in progress. Those pictures could show what's protecting the instrument in the case as well as how the case & everything is packed & padded inside the shipping box so you'd have a record of what you as the seller did to protect the instrument and make any claim against the carrier easier to resolve.

Tom

flake - Posted - 11/08/2009:  12:41:53

Everyone would probably be saved a lot of headaches if they would just pack an instrument as if they were going to be on the receiving end of the deal.

Just because you put it in a case and then pack the case well doesn't mean the instrument is going to be protected. You need to take steps to make sure any play inside the case is also insured against------extra newspaper goes a long way to insure that a peghead or neck doesn't bounce up and down or side to side during transit.

I've repaired a number of instruments that would have probably been better off if they had been shipped without a case at all, and had simply been bubble wrapped and packed with foam peanuts!


mike

You can't ride home on a bowl of goat. I've always said that.

3fingers - Posted - 11/08/2009:  16:21:08

Adam you can get a hold of me if you need to. Everything was 100% described as was on the banjo I bought from you. And I love that thing by the way LOL

Craig
http://www.myspace.com/borrowedtyme2
Come along down to the barnyard lets have us a little banjer pickin
Jeremiah 6:16
Romans 3:23, 6:23, 5:8 10:9, 10:13, 1st John 5:10-13.

banjobud - Posted - 11/09/2009:  05:57:39

Ditto to Craig's message. I bought a banjo case from Adam and is was delivered in great shape as he promised. Well worth the money and I would trust that this situation is the shipper's responsibility rather than the seller.

Bud Camp
Lemoore, CA

banjoy - Posted - 11/09/2009:  06:02:16

I can't respond the the original poster's request for character references as I don't know this person, but his question is a good one which has brought forth interesting feedback.

When an item is shipped, and damaged in shipment, any damage claim is on the carrier, whether you bought insurance or not. Most shipments are covered for up to $100 without buying additional insurance. However, it is the shipper, not the recipient, who makes the claim, because it is the shipper, not the recipient, who shipped the item and thus as a contractual deal with the shipper (the shipper's obligation is to get it there intact). The recipient must save all packing, etc for the carrier to inspect, as it it the carrier (FedEx, UPS, whoever) will want to pick this up from the recipient to inspect, and make the final determination of damage and liability.

So, as a seller, you need to quickly determine if you need to file a damage claim with the shipping company, and to make your transaction right with your customer. Then it is a matter of you settling with the shipper. If you dilly-dally, you lose, because if you wait too long you will basically forfeit any claim, but you still have to make it right with your customer.

Even had the buyer opted to fully insure, it is still you, as shipper, who must initiate the claim and do all the paperwork and follow-through. It is also up to you, as seller, to make your customer whole in regards to the transaction.

In your original post, you did not actually state that the buyer is questioning your reputation, you just reported that the buyer told you it had a crack in it. Did this buyer actually imply your were not being forthcoming? That did not come through in your original question. Whether the buyer questions your honesty, or not, your actions should still be the same. You will need to make this right with the customer.

I'm sure I'm just re-stating what you already know, though. Good luck with this.

--Frank

Edited by - banjoy on 11/09/2009 06:05:54

CosmicMaskedAvenger - Posted - 11/09/2009:  07:27:29

http://www.youtube.com/watch?v=5YGc...=PL&index=18

Deering Sierra
Deering Goodtime

impickin5 - Posted - 11/09/2009:  16:29:34

That youtube video was hilarious....Great.

Ray

"Where are we going and why am I in this hand basket"

Edited by - impickin5 on 11/09/2009 16:30:36

PBGuardsman - Posted - 11/09/2009:  16:37:53

Haha good video. I will make sure not to fly United anymore.

"The world and its desires pass away, but the man who does the will of God lives forever." 1 John 2:17 (NIV)