USPS shipping issue...shaft lost, insurance denied
- Thread starter KCRack'em
- Start date
Thank You having my all time favorite Avatar on AZ. I agree with your post completely! With that said I have had many glasses of wine followed up by a few beers and agree with shipping FedEx. Yea they will extort some (lots) of your bucks for the service but it WILL get there undamaged and on time if you pack it correctly.
Take it from me I drank a lot tonight!
:thumbup:
:grin::grin-square::wink:
I know your a good member and believe you if you say it was like that when
you received it which is a horrible way to ship anything. I'm assuming this
wasn't a cross border deal where the border reps could of opened it?
If it wasn't and was packaged how you say, then I totally put the onus on the seller.
New Cue Arrived Today
I just got a new cue via USPS today and I thought of this thread. I was supposed to sign for it and the post-lady just handed me the tube -- no signature.
The first thing that I noticed was that there was NO TAPE on the plastic caps whatsoever. My heart skipped a beat when I saw that.
I popped off one end with the greatest of ease....and luckily, there was the cue. The pin/joint was just looking up at me because there was nothing between the pin and the plastic cap, but at least there was some cardboard type material around the cue in the middle so it didn't slip up or down.
Cue arrived in perfect condition....knock on wood.... :thumbup:
I just got a new cue via USPS today and I thought of this thread. I was supposed to sign for it and the post-lady just handed me the tube -- no signature.
The first thing that I noticed was that there was NO TAPE on the plastic caps whatsoever. My heart skipped a beat when I saw that.
I popped off one end with the greatest of ease....and luckily, there was the cue. The pin/joint was just looking up at me because there was nothing between the pin and the plastic cap, but at least there was some cardboard type material around the cue in the middle so it didn't slip up or down.
Cue arrived in perfect condition....knock on wood.... :thumbup:
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For what amount did the seller insure the package? Only person who bought the insurance can file a claim.
If the seller is blowing you off, out him.
Leaving you to file the claim is a black mark on him.
Leaving you to file the claim is a black mark on him.
A purchase of a cue is a contract.....legally binding but the following must apply........In order for the contract to be valid, it must be clearly communicated and accepted by both parties. Conveyance is extremely important because condition of the cue might come into question. I won't even bother to discuss the payment aspect of a contract since it already occurred
The next requirement is delivery. The cue must successfully arrive & be as described. If the seller said the cue was straight, it had better be upon arrival. If the cue is described as pristine, ditto. In other words, the item must be as described and if there are flaws, blems, or damage, it requires being disclosed by the seller beforehand and the buyer had also better have asked about the condition anyway.
To not inquire about the condition of the cue before buying is stupid and the buyer is contributing to the problem. So the cue must reach the buyer exactly in the condition as described otherwise the contract now has an exception condition rendering the original contract void unless and until new terms, or an addendum or some type of new mutual agreement can be mutually worked out. If the contract is allowed to stand as is, it's at the sole discretion of the buyer since they're the only party that fulfilled their responsibilities set forth under the contract.......they paid full value for the item.
A purchase agreement is not a "best efforts" by the seller to deliver the purchased goods as described. It is a obligation of the seller to fulfill their portion of the principle that underlies all contracts.
For any seller to claim that they did their best, well, the contract doesn't specify a best efforts attempt to ship the item. If that was the case, the buyer was entitled to request payment upon receipt terms to ensure the cue arrives and they could also inspect it.
However, sellers want payment up front and that's why and where Paypal comes in handy. In order for the seller to fulfill their end of the contract, they have to successfully deliver the cue as described to the buyer. They cannot hand that responsibility off to a 3rd party carrier, act of God, or break-in, etc. seller has to deliver the goods......Nuf Ced! That's contract law 101.....value for value.
The seller received full value.....the buyer did not.....seller owes the buyer a refund or the cue as described. The sole exception would be if different terms & conditions were negotiated but there's been no mention of any. So that's how contracts work....the seller gets paid but the also buyer gets what they paid for. In order to protect their financial interest, all sellers should obtain the required insurer adequate to cover repair or even replacement of the cue if it was necessary. This cost should be passed along to the buyer and sellers that say insurance is at the buyer's discretion are setting themselves up for problems, as are buyers that don't also insist upon full insurance coverage. If the seller & buyer left this all silent, then they really deserve all the problems and grief that comes with it and this becomes a teaching moment for both of them.
Matt B.
The next requirement is delivery. The cue must successfully arrive & be as described. If the seller said the cue was straight, it had better be upon arrival. If the cue is described as pristine, ditto. In other words, the item must be as described and if there are flaws, blems, or damage, it requires being disclosed by the seller beforehand and the buyer had also better have asked about the condition anyway.
To not inquire about the condition of the cue before buying is stupid and the buyer is contributing to the problem. So the cue must reach the buyer exactly in the condition as described otherwise the contract now has an exception condition rendering the original contract void unless and until new terms, or an addendum or some type of new mutual agreement can be mutually worked out. If the contract is allowed to stand as is, it's at the sole discretion of the buyer since they're the only party that fulfilled their responsibilities set forth under the contract.......they paid full value for the item.
A purchase agreement is not a "best efforts" by the seller to deliver the purchased goods as described. It is a obligation of the seller to fulfill their portion of the principle that underlies all contracts.
"QUID PRO QUO"
For any seller to claim that they did their best, well, the contract doesn't specify a best efforts attempt to ship the item. If that was the case, the buyer was entitled to request payment upon receipt terms to ensure the cue arrives and they could also inspect it.
However, sellers want payment up front and that's why and where Paypal comes in handy. In order for the seller to fulfill their end of the contract, they have to successfully deliver the cue as described to the buyer. They cannot hand that responsibility off to a 3rd party carrier, act of God, or break-in, etc. seller has to deliver the goods......Nuf Ced! That's contract law 101.....value for value.
The seller received full value.....the buyer did not.....seller owes the buyer a refund or the cue as described. The sole exception would be if different terms & conditions were negotiated but there's been no mention of any. So that's how contracts work....the seller gets paid but the also buyer gets what they paid for. In order to protect their financial interest, all sellers should obtain the required insurer adequate to cover repair or even replacement of the cue if it was necessary. This cost should be passed along to the buyer and sellers that say insurance is at the buyer's discretion are setting themselves up for problems, as are buyers that don't also insist upon full insurance coverage. If the seller & buyer left this all silent, then they really deserve all the problems and grief that comes with it and this becomes a teaching moment for both of them.
Matt B.
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A lot of people believe this but it is totally wrong. Simple contract law applies here which you can read about here:
http://contracts.uslegal.com/elements-of-a-contract/
Outside of legal age and sound mind and a few things like that which were all met in this case, essentially all that is required for a contract to be legally binding in a case like this are these four things:
-an offer (I have this cue in this condition for sale for $300 shipped
-an acceptance (I will take it and send you the money shortly)
-mutual agreement (both parties agreed to the deal including all the terms)
-consideration (each party is offering something of value, in this case one offering a cue, the other offering money)
This is a legal and binding contract. The buyer is paying for and has legally contracted for a cue in "x" condition (whatever was agreed to). He is not paying for a seller to simply attempt to deliver a cue, he is paying for an actual cue he can put his hands on and own. Unless there were stipulations agreed to by both parties that releases the seller from this obligation (like a specific agreement between the two that the seller is not responsible for anything that happens after he gives it to the shipper) then the seller is totally responsible for the cue arriving in the buyer's hands in the condition promised as that is what the buyer paid for and that was the contractual agreement (a cue, not just an effort to deliver a cue). If it doesn't get there, or gets there damaged, why or how it happened is completely immaterial. The seller did not fulfill his end of the contract to get the cue in the buyer's hands and is completely responsible.
There is a separate contract between the seller and whatever shipping agent the seller uses to ship the cue. This has zero to do with the buyer and unless there is insurance purchased the shipper generally has little or no liability for loss or damage. Shipping insurance is for the SELLER'S protection because the seller is the one who is responsible for the item getting to the buyer. The insurance is not for the buyer's protection and has nothing to do with the buyer. It doesn't matter whether the buyer asked for or wanted insurance or not, or whether the buyer paid for insurance or not. It doesn't change anything as the insurance is for the seller's protection, not the buyer's, as the seller is the responsible party for getting the item into the buyer's hands as promised.
The bottom line in this case is that the seller is totally legally responsible for the shaft not being received and has to equitably compensate you for it in a manner which you both agree to. If an agreement cannot be reached then the deal has to be undone and the buyer gets back his money and the seller gets back what is left of the cue. This case would take all of 5 minutes to settle in small claims court with the buyer winning the case and receiving a full refund. They don't get any more legally clear cut.
Dwilson1975
Registered
Lol
Sorry have two roommates that work for Fedex and their employees show just as much care are appreciation for your product as USPS. Actually come to think of it USPS shipping often goes through Fedex for the long distance shipping. We recently ordered new pool balls and for some reason the box was beat up and had an aquarium magazine included. Asked my roommate what happened and he stated, Oh if the box breaks open we just repack it with what's closest and send it on the way.
Sorry to hear about your cue though.
Sorry have two roommates that work for Fedex and their employees show just as much care are appreciation for your product as USPS. Actually come to think of it USPS shipping often goes through Fedex for the long distance shipping. We recently ordered new pool balls and for some reason the box was beat up and had an aquarium magazine included. Asked my roommate what happened and he stated, Oh if the box breaks open we just repack it with what's closest and send it on the way.
Sorry to hear about your cue though.
I also worked for FEDEX and it is nothing like you say. They have a an inspector that looks at each damaged package and repackages only if the contents are unbroken. If broken they contact the orignator ans send it back. They do not want their customers to see damaged packaging unlike USPS.
Wow hope this gets resolved. When I ship a cue I bubble wrap the cue enough layers so that it's snug in the pvc tube. The buyer will put a little effort into getting it out, but it sure as heck won't rattle around in there before it gets to them. After that I'll glue a cap on one end and then tape the cap on the other end over the cap a few times and then around the tube.