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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?
scott99
avguygeorge
2,300 posts
 
Guess this is why Brian at hello hifi doesn't use UPS. Read thread"UPS horror stories"
mjaudio
58 posts
 
UPS can be a terror on audio equiptment. I try to avoid sending or receiving anything from them unless it is an air shipment but even then you are better off going with Fed-Ex. My advice to you is try and be nice with the seller since you may not want to get into any arguments with him since he is the one who needs to deal with UPS and he will receive the check some 2 months later. I know it does not seem fair but you need to remember the ball is in his court and hopefully he will do the right thing and get you a replacement but in the mean time try to make sure you at least get your $600 back.
fpeel
455 posts
 
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.)
vayasteve
171 posts
 
UPS just plain ol' sucks when it comes to shipping audio equipment,sometimes the seller do not pack well and correctly either.But still UPS should shoulder the blame due to reckless employees at the sorting stations,These fine folks at UPs were able to bend a transformer of a C-J amp that was shipped to me and are still delaying the process,it's fustrating,the amp works well and fine,but of course they wanted the amp and I told the to do an on site inspection,and these yo-yos are playing with themselves.Of course one of their reps told me the shipper would get the money and I told them to blow...So 1st pack well use foam insted of bubble wrap and pack securly make sure the item does not shift at all in the box and you'll be fine.GOOD LUCk they will test your patience.
klgolden
1 posts
 
The exact same situation happened to me with a pair of speakers. I am curious if this seller is located in New Jersey?
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