Shipper paid claim, now who owns parts?

joemagiera

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I made a deal and sold a Crazy Climber CP to someone here. It arrived damaged. I filed a claim with Fed Ex and they paid the claim, of which I'm paying the buyer back in full.

So it got me thinking, I got my money (buyer paid me), and buyer got his money (Fed Ex paid him). It wasn't a major amount of money, so Fed Ex did not ask for the item in return for inspection or anything (they paid it on the picture of the damage). So, who do you think has rights to the damaged CP? Nothing special left, just a couple of joysticks and buttons, and I already told the buyer to keep them, so there's no argument, just wondering who do you think should have rights to ownership at this point? Shipper doesn't want them.
 
The shipper doesn't want them because they have no value at this point. The buyer has the parts and therefore can do whatever he feels with them in my opinion. In the case of something like a car with a salvage value the insurance company would want the wreck but with the perception of no (or at least very little) value of the damaged parts the insurance company has no desire to pay to dispose of the damaged goods.
 
Buyer gets the remains. I've had it happen with non arcade items. I got paid what i wanted, insured and packed the parcel well, and it shows up box smashed. Buyer got the insurance money, (i over insure to cover buyer's shipping price paid, ebay fees, etc) so they at least get what they had out of pocket, and you got your money.
 
it belongs to the shipper, if the shipper doesnt want it it belongs to the buyer, since he had already paid for it and owned it when it shipped. Course, thats between the 2 parties.
 
it belongs to the shipper, if the shipper doesnt want it it belongs to the buyer, since he had already paid for it and owned it when it shipped. Course, thats between the 2 parties.

+1

Fed Ex wanted the shattered pinball glass I recieved.... Box and all!

-Mike
 
I say buyer. Since your not out anything and he did purchase the item.
 
It doesn't make sense for the seller to claim them, as it would cost $$ for the seller to take possession. Buyer has possession of it, so it's the buyer's.
 
UPS smashed the hell out of a monitor I bought from Chris. They paid the claim, Chris paid me. I asked if he wanted it back, he said no. About a month later he sent somebody looking for that chassis to me & I sold it for $20. They regularly go for a lot more. So it all worked out OK, but I would have rather had the monitor in working condition though.

ken
 
I'd say the buyer also, if the shipping co didn't want it. He is the one screwed, since he still doesn't have what he bought.
I was lucky since it was a current item. I had a vision pro show up with a broken neck, ups paid happ, and they shipped me another.
But still held on to the broken one for over a year incase ups said they wanted it back. Recently gave it away since the chassis was perfect, only after realized I could have just found another tube.
 
I am in the insurance business and i have seen this before. When this happens the buyer usually keeps the "damaged" item. Sometimes the insurer will ask for the items but in 21 years i have only seen this twice.
 
I once purchased an Amiga CD32 off of ebay... Luckily it was insured, since the package arrived damaged. I (as the buyer) was allowed to keep what was left of the console and did receive a refund to boot. I did talk it over with the seller first to make sure we were on the same page though.
 
I had this happen to me one time. I bought a pinball translite from a guy on eBay. He also had a broken sound board that I got just because it was cheap and he said he'd include it on the shipping. He rolled the translite into a cardboard box and then put the sound board in the rolled translite. The translite arrived cracked, and I think it was the seller's fault for how he packaged it.

Anyway, he made the claim and got a refund. Then he wanted me to use that money (which he was already paid) to go toward a new translite. This could have been fine, but I was already put off by how long it took him to resolve this and I thought he was kinda cheating anyway. I just wanted my refund.

Then he told me that I should send the stuff back to him if I wanted my refund. I was quite upset. Why should I have to send it back to him? He already has his money, and he is out the items (which is exactly what should happen when you SELL an item). I, as the buyer, should get my money back ASAP. At that point, if he wants the broken item, we can discuss him paying to have it shipped back. But really, I'm the one that's out something, because I now have to start my search over to find a new translite.

I told him what I thought of his plan to have me return the items to him. He responded by telling me that he'd issue me a refund but not for the shipping cost (which I completely do not understand at all).
"Since you are not to returning the translite,the refund is only covering the cost of the translite and not the shipping."

That's how I left it, and I got my partial refund. I'm still using that cracked translite (4 years later).

I just checked, and that seller has an eBay 99.6% feedback score of 3197. Maybe they learned some customer service since then.

So, if you didn't get it, I think the buyer keeps the stuff.
 
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