any lawyers in this forum care to give an advice?


Purchased a pretty expensive speakers outside of audiogon, from a retail store. Arrived damaged, claims denied, been getting the runaround since the purchase date. Last few months, avoiding contact through email, text and phone calls. I’ve been very professional and patient.......any advice or help will be appreciated..This is a problem between the seller and its shipper, not me....I’m just a receiver of damaged item........thankyou

sambo00701

A couple of years ago I proceeded to rebuild my surrounds.(baby towers) I ordered the new drives, Binding posts and some new Capacitors from an prominent online dealer. Their shipment was automatically insured for #100 which only constituted 1/4th of the cost but I had no idea of what I was in for.
I tracked the package through the USPS and it was supposed to be “On the Truck for Delivery” on a Friday afternoon. I waited and no delivery was made. Then I got notice that it was “On the Truck for Delivery” to be delivered on Saturday. I just happened to be sitting next to the Front entry way of the apt building around noon and I got an email stating that the Postman tried to deliver the package a couple of minutes past noon, but that was an outright lie. Then that afternoon about 5:30 I got an E-Mail stating that the package was delivered “In or Around the Mailbox”. My Apt is 25 yards from the boxes and in a direct line of sight. Also I have a perfect view of the parking lot. No truck had been at our building and within 30 seconds I was outside my door headed to the Post boxes. There was no package anywhere near.
I went to the main Postal Station (Mile High Station) which is about 3 miles away in down town Denver and talked to the Post Master. He claimed that it was delivered though it was almost unintelligible as his English was almost unrecognizable. He called the Carrier while aI was there and the carrier denied the delivery, but the post master claimed that the carriers hand scanner had scanned the package at the time stated in the E-Mail as delivered. The next day I talked to the carrier in person and he told me that he was indeed the carrier on that route on the Saturday in question but he had NOT DELIVERED ANY PACKAGE OF ANY KIND, to this building. The bottom line is the USPS claiming that it was delivered denied the insurance claim. It took months but I did get the Online Dealer to take responsibility and they reimbursed me for the original cost. You have absolutely NO RIGHTS when you are fighting the USP as they can say whatever they want and get away with it. You are totally at the mercy of the originating shipper so always check the track record and hopefully that of their delivery history and complaints before forking over any money to ANYONE.

@sambo00701

Can you tell us the nature and severity of the damage? Is there functional damage to the speakers?  Pretty rare to have damaged goods with minor box damage...but it does happen. I recently ordered a four shelf equipment stand with three inch solid maple shelves. The shelves were fully protected with solid styrofoam and a heavy box. A corner of one shelf had a 1/2" flattened corner as if it was dropped on a corner. The guy that made the shelves photographs all before shipment and no damage, but both box and styrofoam were 100%. We couldn’t claim that the shipper was at fault because there wasn’t any damage to the box.  Perhaps, you are in the same position as both myself and the vendor found ourselves in.  The vendor offered to repair the shelf, or refund $200.  

 

The lawyers are working for pay. Beware of that.

Great point. 

 

Seriously? Do you work for free? How about your mechanic or doctor?

 

Most of the advice thus far is what can be done long before you reach this stage. At this point you likely need a lawyer since no one is speaking to you, you allege there is a forged delivery signature and there is a significant about of money at risk. A  lawyer can give you state specific advice of your rights and remedies at this stage of the transaction. There are usually time limitations for your remedies and you are spending valuable time looking for a "magic bullet" on the forum. 

I am licensed in California and Massachusetts, but the advice is pretty much the same everywhere.  First, assuming that the dealer was an authorized dealer, and assuming that the dealer arranged for shipping (even if you were charged for it), the sale is not complete until it arrives into your possession in working and undamaged condition.  You have an easy claim against the dealer and I would also name the speaker manufacturer as a defendant as well, because if he is in their dealer network, they have a vested interest in replacing damaged equipment.  Easy case.  The dealer can fight it out with the freight company.

If YOU arranged for the shipping and paid for it, they can argue that the sale was complete at the delivery to your chosen freight company, and if it was damaged in transit, you have to take it up with the freight company.  The problem there is that as a common carrier, the freight company's liability is limited to something like 60 cents a pound, unless you purchased insurance to cover the value of the speakers.  Not that you can't sue them for negligence, but there is a defense.

Third, if you paid by credit card, such as AMEX, many of the cards will cover you for defective or damaged products purchased with their card, and you can make a claim to the card.  with proof, the card company will charge back the purchase price.  You can even try that if you were responsible for the shipping.  Without further information, its tough to give you any more than broad generalities on how I would handle it if it was me.  

I had purchased a sub on here and the seller had it boxed up and UPS and shipped UPS.  It arrived to me looking like it was used as a football, box broken, corners of the sub dented, knobs broken.  Seller denied responsibility.  I opened a PayPal dispute. they denied it for reasons unknown, and I immediately called them and argued with them and pointed to the pictures and unboxing video.  I was refunded my money, and I believe that the seller got the money from UPS, because their store had packed and shipped.  DO NOT BE PASSIVE.  Go after everyone to get a replacement or your money.

 As a former UPS driver, I can assure you,95% of UPS employees have no regard at all for the merchandise. ''FRAGILE'' means nothing at all.I don't think FEDEX or DHL are much different.  My advice? Stay away from mail order HI-FI equipment.