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A bad situation

I'm looking for opinions as to how to resolve a situation that arose recently. I sold a preamp to a gentleman here on Audiogon for $150. From what I can tell he wanted to use the preamp as an inexpensive phono section. He sent me a money order and I in turn sent off the preamp via UPS insured, packaged up with plenty of bubble wrap so (in theory) it wouldn't get damaged. The preamp arrives, but, the selector switch is broken and evidently the switch is an oddball component that cannot be sourced. I know the preamp was working fine before I shipped it, I sure wouldn't sell a piece of broken equipment, not even for a $150. What's the equitable thing to do in this situation? Make a claim with UPS? Pay a tech to hardwire the premap, bypassing the selector switch? Refund his money and throw the thing away? I know, it's only $150 but at the same time there really ought to be a code of ethics we all try to follow. I understand the buyers disappointment and he may even feel like he's been screwed, I want to make this right. Any and all opinions are welcome. Thanks, Jeff
jeffloistarca
kthomas
911 posts
 
An unfortunate situation. The only way the buyer should feel screwed (instead of disappointed) is if you don't follow up to make the situation right, which it sounds like you're prepared to do. If you sent it UPS and it arrived damaged, UPS requires you (the sender) to make the claim and follow through on it. Assuming it was fully insured, you should ultimately get your money out of UPS.

I don't know what the "standard" is, but it seems to me that the buyer is entitled to an "as-advertised" product delivered to him/her, so in this case it would seem that it's his discretion as to whether he wants his money back and be completely out of the deal, or if he wants to pursue getting the piece repaired and continue to work with you. You could make the argument that buyer and seller are "in this together" and need to jointly deal with the issue, but from my vantage point, there's no way I'd risk leaving a bad situation in somebody else's lap. That said, I've been on the receiving side of this same situation twice and ended up dealing with it myself. The buyer's main obligation, in my mind, is to understand the situation and trust you as the seller, as well as not spread bad comments as long as you're working through it.

jeffloistarca OP
1,004 posts
 
Thanks, appreciate you taking the time. I had a similar situation occur, where the seller sold me an Audio Refinement Complete integrated amp rated 10/10 and when I got it one channel was dead. He refused to answer any of my emails, I was sure upset with him. The amp was repaired under warranty by the rep as a goodwill gesture, certainly made be a believer in YBA. This is a little different, in that the part is not readily available so getting a new switch put in isn't quite as easy. When I make a claim with UPS, do I need to have the preamp in my hands to make the claim, or can the buyer simple keep/scrap it?
no_money
638 posts
 
I think UPS will want to see it. I would recomend shipping FED EX from now on. They more expensive, but they are much easier on the package also. I watched a television program (I forget what it was ) but they where highlighting the automated systems that UPS uses to sort and ship. These conveyors looked like they dropped boxes at least 3 feet from converyor to conveyor. It would send chills up your spine to watch your gear do this drop. I believe it is UPS policy that the package must be able to surive a drop from this distance so they will want to see how it was packaged also. Bottom line is, if it is not that delicate or you know it can take a fall the way it is packaged, UPS can be cheaper. But if is tube gear or something of that ilk you might want to look for alternatives or speak with UPS before you ship on how it needs to be packaged.
fpeel
455 posts
 
Have to agree with Kthomas. Unless agreed to in advance, it is a seller's responsibility to deliver a product "as advertised." It's unfortunate that the preamp was damaged in shipping, but these things do happen. The good news for the buyer is you're obviously an ethical person and want to do the right thing. Definitely make a claim with UPS; they broke it and should live up to their contractual agreement. IMO, don't expect too much, too fast. At best they move REAL slow. More importantly, take care of the buyer now. Ask what he believes would be an amenable solution. Don't make him wait for UPS unless he agrees to do so. Depending on his needs and attitude this may be an easily resolved situation. As long as he's reasonable in his expectations(which is obviously a judgement call) it really should be his call. Oh, BTW, UPS will probably want to see the package before paying on the claim, possibly multiple times. Keep that in mind while working out the details with the buyer. Good luck!
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