Besides the shipping damage, does he claim any other problems with the unit? If not, I still maintain that your best response is to give him a link to the claims department at the shippers. Make an effort to help him get restitution from the shipper. This shows good faith. You made no warranties as to the shipping, expressed or implied. Also, try to get him to admit that he read the AS-IS part of the auction. He may very well have a lawyer, but doubt he is willing to take it much further than a phone call. If you do get a phone call from someone claiming to represent this joker, get his name and number and make sure you call him back. Don’t let you emotions get the better of you if he does turn out to be a lawyer. I have been on both sides before and both parties are always right and both parties are always wrong. Doesn’t make sense, but that’s how the game is played (and it is a game). By the way make sure you have a copy of the auction saved in case it expires before this is resolved.
No, he's not saying anything else other than what I've said in this thread. Problem is that he did NOT ask for shipping insurance, so that's a no go as far as shipper. Maybe that's what his problem is - he's ticked at himself that he didn't ask for insurance and is trying to take it out on me.. I told him that I will not talk to a lawyer over the phone about this as I want to verify that the person I'm dealing with is in fact a lawyer. Already done - as a PDF
He must be ultra dumb if he's still persisting. Stick to it though, looks like you're covered in all instances though
How did you ship? Most carriers including USPS have basic insurance automtically included with the cost of shipping.
USPS Priority Mail. I thought that only UPS, FedEx, et al have basic insurance and the the USPS doesn't have anything unless it's paid for.
Yeah, looking at the USPS website it's an optional extra. Still, he didn't specify insurance so I can't see that being a problem...
Too bad, express and registered have automatic insurance. Other shipping methods are not covered. The Postal Service is not held liable for damages occurred during the processing or handling of mail matter under Title 18, Section 2680(b) of the U.S. Code Sucks to be that guy.
Got another reply: I never received anything remotely like what he "proposed". I *MAY* consider this since he is essentially accepting fault - which is pretty much all I wanted. I am going to tell him that I will consider it and let him know on Monday or Tuesday as I'm going out of town for a few days.
Don't take it, seriously. He has absolutely nothing on you. I empathize with the guy, but even still, if his "legal" advice is telling him he has any sort of a case, then he's just talking to a dolt friend who watches Judge Judy Few years ago I bought a used DVD player, the guy actualy said it worked 100% and it was like new. No mention of "As-Is". When I got it home and hooked it up, I found out that the DVD laser was burnt out, so I contacted the police on this matter. Know what they said to me? "Theres nothing you can do, when-ever you sell something used it's assumed that it's As-Is, irreguardless of wheather it's stated or not." So, as others have said, he's boned and you don't have to do anything And legaly speaking, if he does try to come after you at all, you can just get the judge to throw it out, as it's not a real legal case.
My response: What I may do is to research how much other AS-IS auctions are going for with that model receiver and tell him I will refund no more than the difference between what he paid and the average of the others. Personally, I think that may be the most fair thing as I won't be able to sell that receiver again and will technically be out over $250 because of it.
Dad, it's obvious (at least from my point of view) that he never sent any email proposing paying the fees and shipping. The way he words it.... Doesn't sound like something you'd say to someone, imo. Sounds like he's trying to backpedal to me
Sounds EXACTLY like that to me too.. I think that I'll tell him that I'll refund ONLY the difference between what he paid and the average like I stated above - I think that will be about $75. That way I'll have more of a clear conscious. If he insists on a full refund, I'll tell him that I will ONLY if he sends the receiver back in the exact same condition as it was when it left me. In other words, if he screwed it up or it got messed in the mail, it's not my problem. I think that is more than fair on my part.
This was asked before, but never answered, did you send it with a card? If you did, I'd put money down that it won't come back with the card. Even if he accepts the proposed 'I'll refund your money if it comes back in the exact same condition it left in" deal, he'll say "Oh, I must have lost it" or "The postal worker must've stolen it!" Don't work with these ****heads. If you can MAIL (USPS) him a contract that says he will send back the reciever, and you will only refund if it is in the exact same condition, and he has it notarized(sp?) (so that it will definitely, 100% stand up in court), then and only then would I consider working with him. I can see this happening: He sends you the reciever, immediately starts badgering you for his refund. You get the reciever, it looks like it's been hit with a hammer, and the card (or other parts) are missing. You tell him it did not return in the same condition you sent it in, and that if he wants to pay shipping AGAIN, you will send it back, but you will not give him a refund. He screams lawsuit, and this time may actually have a case, since you have the reciever AND the money he paid. Unless you have full legal documentation of the deal, he could try to say that you never sent the reciever in the first place, and you damaged it to make the story believable. Maybe I'm paranoid, but I just got trolled today and I'm pretty pissed off. CYA.
Dad, I really think you should ride it out and stand your ground. I obviously can't influence your decision but at the end of the day, rules are rules and you'd be paying out of your own pocket for his mistake, besides I can't see him going for the $75. Like my mother used to tell me; "give 'em an inch and they'll want a mile"
Hmm.. VERY good point that I never thought of. Yes, in fact it was sent with one - a ROM3 to be exact.. I'm really going to have to think long and hard about this - I'm STILL trying to get an answer from eBay about this too. I emailed them 2 days ago and haven't heard back from them. I'm not suprised though. I wish they had a friggin phone number to call that I could find. I think that I'm just going to post my problem in the seller's help forums and see what the community as a whole says.
Easy way to fix this, mail bomb nah just kiddin. I would say since it is no longer in the condition that you sold it to him in, you can't let him return it, because then you would not be able to sell it again. Simple as that, you sold it as-is, he has absolutely no legal recourse, end of matter.
