OT: Broken Guitar from Ebay - UPS claim ques

chrisjnyc · #1 09-17-2011, 08:14 PM

Ok, a little off topic, but thought someone might have some experience with this.

I purchased a guitar on ebay which stated it had neck repair, but was "like new". When I got it out of the box, there the crack on the neck was much more than in the listing pictures and the description. I have been back and forth with the seller, and he claims it was damaged in shipping.

If I want to file a claim with UPS, what should I expect?

1. Will I get the full value + shipping paid out to me?

2. How long will it take?

3. What happens with the broken guitar?

Thanks!

Johnny Alien · #2 09-17-2011, 08:30 PM

I believe that the shipper has to file the claim. The shipping being refunded should be done through the shipper not UPS. They will come take the bass and then the process is started. The shipper can sign it over to be handled by you but the best bet for you is to get a refund from the buyer and then let him handle getting the refund from UPS.

LilloEsquilo · #3 09-17-2011, 08:32 PM

Quote:

Originally Posted by chrisjnyc

Ok, a little off topic, but thought someone might have some experience with this.

I purchased a guitar on ebay which stated it had neck repair, but was "like new". When I got it out of the box, there the crack on the neck was much more than in the listing pictures and the description. I have been back and forth with the seller, and he claims it was damaged in shipping.

If I want to file a claim with UPS, what should I expect?

1. Will I get the full value + shipping paid out to me?

2. How long will it take?

3. What happens with the broken guitar?

Thanks!

I'm just guessing, but my best guess here is UPS will claim that it was not damaged in shipping.

You will have the seller trying to pin it on UPS, and UPS trying to pin it on the seller, with the bottom line being that both simply want to avoid any liability.

Your best bet is to file a dispute with Paypal, and if that doesn't cause the seller to budge, to escalate it to a claim. Decide what you want out of this before you do - do you want a partial refund and to keep it, or do you want a full refund and to send it back?

spaz21387 · #4 09-17-2011, 08:40 PM

It wasnt in like new condition when you got it file a dispute with paypal and let the seller handle it.

JB36 · #5 09-17-2011, 08:42 PM

Why would you expect the carrier to pay for a pre-existing condition? This why they don't pay out easy because people try and get over. Your issue is with the seller for not accurately describing the issue. Send it back for a refund. Hopefully you paid with a credit card and will have some backing in case of dispute. You don't keep the bass if UPS pays out. They issue a tag for pickup.

Johnny Alien · #6 09-17-2011, 08:45 PM

Quote:

Originally Posted by JB36

Why would you expect the carrier to pay for a pre-existing condition? This why they don't pay out easy because people try and get over. Your issue is with the seller for not accurately describing the issue. Send it back for a refund. Hopefully you paid with a credit card and will have some backing in case of dispute. You don't keep the bass if UPS pays out. They issue a tag for pickup.

Quote:

Originally Posted by chrisjnyc

When I got it out of the box, there the crack on the neck was much more than in the listing pictures and the description.

As you can see the damage was not the issues originally listed in the ad.

Jay Ralston · #7 09-17-2011, 08:45 PM

The shipper has to file the claim. ups will then have you ship the bass back to the seller at their cost. He will then have to send in pics of the damage, the box it was delivered in and how it was damaged and how the bass was packed, and then they will decide to accept or deny the claim. if they deny it, he can contest it. If the claim is accepted or accepted after the contesting of the claim, then they will issue him a refund but hopefully he will refund you much sooner.

LilloEsquilo · #8 09-17-2011, 09:12 PM

Everyone seems to be forgetting that this being an eBay purchase, and presumably paid for with Paypal, allows you as the buyer to simply file the claim with eBay, remember those "Buyer Protection Plan" signs you see? He doesn't HAVE to mess around like you guys are telling him to, all he has to do is file the claim with eBay/Paypal, and let them handle the rest.

I mean sure, I COULD go mow my neighbor's lawn as well as my own lawn just to do extra work, but unless I really LIKE that kinda thing, WHY? Likewise, he doesn't HAVE to mess around, there is a very simple procedure in place to protect him as the buyer and he can let the seller duke it out with UPS for who is responsible.

It's simple. I don't understand making it more complicated than it needs to be, but I always preferred to say 2+2=4 instead of taking the square root of 16 divided by 2 minus 1 plus the integer portion of PI. Maybe that makes me lazy, who knows.

chrisjnyc · #9 09-17-2011, 09:19 PM

With a Pay Pal dispute, would they refund the guitar + shipping? Or just the final sale price of the guitar?

P.s. I would take $100 refund to fix the guitar... but I suspect that is going to be harder to get from the seller, and a refund might be faster.

Road Bull · #10 09-17-2011, 10:42 PM

I just went through this with a bass amp I won on ebay. It was described as in great condition with only some surgace scratches on the top and everything functioning as it should. I picked it up from UPS, ( not my favorite shipper), to find some "crushing" damage on the top of the box. The UPS employee and I opened the box to inspect. The amp looked to be packaged well for shipment, but as it was a piece of electronic gear, all bets are off as to what damage was sustained. The UPS employee made note of the "crushing" damage to the top of the box and I brought it home.

Upon closer inspection, I noticed that it looked as if a much heavier box dropped onto my package. I could clearly make out a corner and right angle that penetrated my package. Then I noticed an accordian effect to one of the corners. When I took the amp out there was some visible damage to the same corner. The amp was dented and the screw at that corner was now loose. ...sigh.. I plugged it in and noticed a lot of noise and humming. The amp got very hot to the touch within a very short amount of time and the fan never kicked on.

I contacted the seller to inform him of the damage and the need to file a claim. He said that he shipped it through "work" and that "somehow" it didn't get insured. To me it seemed as though he was just trying to ship on the cheap without his work knowing what he was doing.

He wanted to replace the damaged amp with the same make / model, but I was no longer comfortable with him as a seller.

The bottom line is: You are protected by ebay as a buyer. If the item you recieved is in a contition "other" than what was communicated in the seller's description, you are entitled to a refund. Worst case, you may have to foot the bill for the return shipping as I did, but it is his responsibility.

You are also free to try to work something out, but this can be a PITA. So go that route at your own risk.

Good luck.

JB36 · #11 09-18-2011, 08:22 AM

Quote:

Originally Posted by Johnny Alien

As you can see the damage was not the issues originally listed in the ad.

The crack was still pre-existing. I don't see how this is a shipping claim because a crack became worse and the neck repair didn't hold up. Was there any damage to any of the packing materials? shipped in a HSC? If the seller doesn't cooperate, go through ebay, paypal, and then your credit card in that order. Let the seller know your prepared to dig in for the long haul.

LilloEsquilo · #12 09-18-2011, 09:12 AM

Quote:

Originally Posted by chrisjnyc

With a Pay Pal dispute, would they refund the guitar + shipping? Or just the final sale price of the guitar?

P.s. I would take $100 refund to fix the guitar... but I suspect that is going to be harder to get from the seller, and a refund might be faster.

They should refund the whole thing, including shipping, but you will have to pay to ship it back to the seller.

If you just want 100 back, file a dispute, and state that in the dispute. You have the option for a "partial refund". If that works for you, go for it.

LilloEsquilo · #13 09-18-2011, 09:14 AM

Quote:

Originally Posted by LilloEsquilo

They should refund the whole thing, including shipping, but you will have to pay to ship it back to the seller.

If you just want 100 back, file a dispute, and state that in the dispute. You have the option for a "partial refund". If that works for you, go for it.

Wait a minute, sorry for that, the last time I filed a similar claim (for a cell phone that was stated in the ad "guaranteed to activate" but wouldn't), eBay offered to pay the shipping back too. They may do that. Worst case you pay it, but they may even pay that for you.

chrisjnyc · #14 09-20-2011, 09:49 PM

Looks like the UPS claim has been opened by the seller... What is the deal with the $50 I spent to ship it? Is that refundable?

fhm555 · #15 09-21-2011, 10:18 AM

Never had to handle a personal claim against UPS, but took care of more than a few for a company I once worked for. Over all, my experience was good. I had to (usually) stay on UPS to get the claim processed in a timely manner, but other than that there was never any attempt to shirk responsibility or pass the buck claiming poor packing.

Could have been because we were a big client, or it could have been it's UPS company policy to be fair when dealing with damage claims.

Either way, if the seller is claiming damage due to carrier mishandling, they need to file ASAP and get it resolved.

Just a thought...

If you want the guitar and it's only $100 to get it repaired, you might want to just get it done and write it off as a lesson learned regards the possible pitfalls involved in buying stringed instruments you can't personally inspect prior to paying for them.

Pilgrim · #16 09-21-2011, 10:39 AM

Something no one has mentioned...

You MUST - repeat, MUST - preserve every bit of the shipping material and carton, or UPS will deny any claim. This is a base requirement of UPS - and every other shipper, for that matter. It's only reasonable that they would want to inspect the packaging.

FrankenIbanez70 · #17 09-21-2011, 11:15 AM

I've never trusted UPS. Had a bass shipped through them from musicians friend and when i got it the top of the box was crushed, and the neck had a 6 inch long crack in it, most likely because someone dropped it, or dropped something on it. From now on I plan to avoid UPS like the plague.

santucci218 · #18 09-21-2011, 01:50 PM

Been there, done that. file a dispute with paypal and send that guitar back now.

#1. DO NOT PLAY GAMES WITH THE SELLER.

#2. DO NOT TALK TO UPS.

#3. CALL PAYPAL NOW AND ISSUE A REFUND UNDER "ITEM NOT AS DESCRIBED" AND WASH YOUR HANDS.

#4. BUY A NEW GUITAR.

baalroo · #19 09-21-2011, 04:48 PM

Quote:

Originally Posted by santucci218

Been there, done that. file a dispute with paypal and send that guitar back now.

#1. DO NOT PLAY GAMES WITH THE SELLER.

#2. DO NOT TALK TO UPS.

#3. CALL PAYPAL NOW AND ISSUE A REFUND UNDER "ITEM NOT AS DESCRIBED" AND WASH YOUR HANDS.

#4. BUY A NEW GUITAR.

exactly. This is THE SELLER'S PROBLEM not yours. The only way it is YOUR problem is if you make it your problem... which there's no reason to do.

just follow the procedure for returning an item. it didn't arrive as described, you're returning it... that's it.

If he wants to fight with UPS over it then he can do so, there's absolutely no reason whatsoever for you to talk to UPS at all.

LilloEsquilo · #20 09-21-2011, 06:22 PM

Quote:

Originally Posted by baalroo

exactly. This is THE SELLER'S PROBLEM not yours. The only way it is YOUR problem is if you make it your problem... which there's no reason to do.

just follow the procedure for returning an item. it didn't arrive as described, you're returning it... that's it.

If he wants to fight with UPS over it then he can do so, there's absolutely no reason whatsoever for you to talk to UPS at all.

You're both right, that's what I've been trying to say from the get go but some people are just too "nice" for their own good, they get rolled as a result.

It's SIMPLE REALLY SIMPLE. All you have to do is open a dispute, and escalate to a claim after sufficient time elapses. You waste too much time messing around here, you'll be out of luck, but that's your choice. eBay has you the buyer protected against this kinda thing. Your choice whether to use it, or play games with the seller. I know what I'd do.

You can lead a horse to water but you can't make him drink.