Ebay - Damaged Item

  Iceman1978 20:27 19 Jan 2005

I sold a LCD TV on ebay. I packed everything securely and sent in via UPS. The next day I got an email from the buyer saying that the item has been damaged during delivery. They included pictures, that showed that the tv has been quite badly damaged. I not sure what the courier did with the parcel to cause such damage, for all I know the buyer could have changed their mind and damaged the item themselves. Does anyone have an opinion on how I should handle the matter. I could pay them back immediatly and hope to get compensated by the courier. Or should I make them wait to see if I get compensation first. This has put me in a difficult situation as I sold the tv to pay off debts.

  Aristocatman 21:18 19 Jan 2005

Usually sellers have no resposibility once an item leaves them its up to the buyer to pay you extra for insurance & they claim from UPS. You have fulfilled your part of the contract. Provided that you packed it properly so UPS have no comeback on you then you are entitled to the money paid for the goods.
Check with Ebay but I'm sure this is so.

  Starfox 21:52 19 Jan 2005

You order an expensive TFT monitor from a well known online supplier, it arrives broken, you ring the supplier to complain and they tell you it's not their problem, sort it out yourself.

What would you do, accept the situation or want your money back (or another monitor ).

  Iceman1978 22:01 19 Jan 2005

Yes, but im not a online retailer, so your not going to expect the same type of protection. Im not trying to rip anyone off, I would like this sorting as quickly as possible, but in my position would you give an immediate refund.

  smoothcue 22:22 19 Jan 2005

Did you offer optional insurance on top of the delivery charge?.I sell a lot of antiques on ebay and always offer this,it is then up to the buyer if they pay or take a chance....,I would have thought that an LCD tv should have been insured for damage in transit.

  nonnie 08:02 20 Jan 2005

As far as I remember the sender has a £100 limited amount reclaim from ups. regardless of insured or not. The receiver should have refused delivery, especially on such a value item.
I am afraid the sender looses.

  Aristocatman 21:34 21 Jan 2005

Ebay is an Auction not a shop most auctions work on the buyer beware principle on an item is paid for it is the buyers responsibility. Provided that insurance was paid UPS should refund the receiver. The sellers responsibility ends when UPS collect.
Ebay may be able to help but they probably won't do a lot unless they have changed their rules recently.

  ajliddle 22:01 21 Jan 2005

As I understand it, in this sort of situation, if the buyer wants an item to be insured during delivery it is up to him to request and pay for it. If you did not state that the item was insured for transit, then by bidding the buyer has agreed to the terms laid out ie no insurance. If he wanted insurance it was then up to him to request or organise it, at his expense.

I would contact your local trading standards pronto for a legal opinion, and then notify ebay of the potential problem.

Sounds harsh but I think this is his problem not yours - a case of caveat emptor. In short he paid for the item and its uninsured delivery. Nothing more. If he chose not to buy insurance then its too late for him to whinge now.

  spuds 01:09 22 Jan 2005

Contact UPS for their terms and conditions. I send and receive a number of goods per week via various courier companies. A couple of years ago, a couple of companies that I dealt with stated that I had to pay insurance for safe deliveries. I simply informed these companies that it was their responsibility for the safe delivery of goods, and I did not propose to pay for goods in transit insurance. If they didn't agree, then I would no longer support them. Never did hear any more about these so called extra charges.I have had 'bad deliveries', but the courier companies have always covered the damaged item. After all if you dispatch any goods in a box which was badly damaged, then the courier should point this out on collection.Doesn't say that the goods were packed solid and safe inside the box though.

But as you say, there could have been a problem of damage after delivery. Take the matter up with UPS initially, they are experienced in these matters.

  Forum Editor 09:27 22 Jan 2005

the seller of secondhand goods is every bit as liable under the Sale of Goods act as is a the seller of new items, and the fact that you sold the goods at auction makes no difference.

When you seel something to someone, and send the goods to them via a third party, the goods are at your risk until safely received by the purchaser - you have a liability for this damage as far as your purchaser is concerned, because the contract of sale was between the two of you. The courier isn't in any way liable as far as the purchaser is concerned - you employed the courier, and that contract is between you and them.

You may well have a claim on UPS and you must take the matter up with them, but as far as your purchaser is concerned the situation is very clear - you must refund the money in full, and you must do so as soon as possible.

  spuds 10:57 22 Jan 2005

FE-- If you check with trading standards, they state that goods sold by one private individual to another private individual doe's not come under the Sales of Goods Act. It is only when someone is classed as a trader and running a business that the Act applies.In the case of Iceman1978, if he/she was selling on a regular basis via Ebay, they he/she may come under the term of trader. Well thats what my local trading standards say.

If the goods were advertised stating that the item was being sold 'new with warranty' or 'safe delivery guaranteed'then this would be another matter.

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