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> OT (sort of) Oh the fun begins, filing a FedEx claim
GaroldShaffer
post Sep 1 2007, 10:28 PM
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So I sold this Saratoga Top on ebay for $421. Shipped it FedEx Ground to RI. Arrived cracked. The top was wrapped in a moving blanket, then placed in side a box and that box was then put in a bigger box with more packing around the smaller box.

They buyer is cool, he wants to keep the top, but would like some $$ refunded. I'm cool with that because it is the right thing to do. I have never had to file a claim for damage. I don't expect this to be a fun or easy process. Any words of advice before I start? Thanks
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post Sep 1 2007, 11:49 PM
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QUOTE(Garold Shaffer @ Sep 1 2007, 09:28 PM) *

So I sold this Saratoga Top on ebay for $421. Shipped it FedEx Ground to RI. Arrived cracked. The top was wrapped in a moving blanket, then placed in side a box and that box was then put in a bigger box with more packing around the smaller box.

They buyer is cool, he wants to keep the top, but would like some $$ refunded. I'm cool with that because it is the right thing to do. I have never had to file a claim for damage. I don't expect this to be a fun or easy process. Any words of advice before I start? Thanks


I think the law states once its on the truck its the buyers property and he's obligated to deal with the shipping damages. I'm not saying to throw him under the bus but I herd this on a radio show today. They also said they really (shippers) try hard to reduce the value even if the stated value was the actual price. They run often work with the buyer and then go back to the seller to get him to agree on a lower price. There not suppose to do this but they do most often.
Good luck and I think doing the right thing will bring you good karma..
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rhodyguy
post Sep 2 2007, 08:04 AM
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that's one of the reasons you make sure to put the real value on the shipping form. if you just go with the basic $100 assumed value you're screwed. i always make a notation on the form even tho there's no space for it. the upgrade to real value is very minor with regards to the total shipping cost. i hope it all works out for you guys.

k
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VaccaRabite
post Sep 2 2007, 08:07 AM
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It is always on the shipper to file a claim. the only way around this is for the shipper to mail the recipt he got for shipping to the buyer.

Zach
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BarberDave
post Sep 2 2007, 08:15 AM
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Garold:
To bad that was a nice and rare top. you couldn't have done a better job

packing IMO. How well do you know the Buyer? Is he trustworthy? IMO you are

the one who bought the Ins. ,even if buyer paid for it. You deal with FedX.

I have not delt with Fed X on this type of thing but UPS many times! Your buyer

files a claim with Fed X ,(he should save boxes and packing material) fed X will

examine it and contact you. YOU DEAL WITH THEM, not your buyer!!!!!!

I am very suspicious of someone who will buy and pay for a Saragota top and

claim it is cracked on delivery, BUT still wants it . What for? The crack kind of

defeats it purpose dosn't it.

Me think something is not right here. I think the buyer is trying to work you .

I would want conformation from Fed X , and pictures from the seller be fore a returned a dime.
Also if he wants a major reduction in price, 1/2 or more tell him ,to ship it

back and you will refund the full price ,less shipping. That usually seperates the

cons from the honest ones . Good luck man,and keep us posted. David (IMG:style_emoticons/default/slap.gif)
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GaroldShaffer
post Sep 2 2007, 08:49 AM
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QUOTE(BarberDave @ Sep 2 2007, 06:15 AM) *

(IMG:style_emoticons/default/smilie_pokal.gif)
Garold:
To bad that was a nice and rare top. you couldn't have done a better job

packing IMO. How well do you know the Buyer? Is he trustworthy? IMO you are

the one who bought the Ins. ,even if buyer paid for it. You deal with FedX.

I have not delt with Fed X on this type of thing but UPS many times! Your buyer

files a claim with Fed X ,(he should save boxes and packing material) fed X will

examine it and contact you. YOU DEAL WITH THEM, not your buyer!!!!!!

I am very suspicious of someone who will buy and pay for a Saragota top and

claim it is cracked on delivery, BUT still wants it . What for? The crack kind of

defeats it purpose dosn't it.

Me think something is not right here. I think the buyer is trying to work you .

I would want conformation from Fed X , and pictures from the seller be fore a returned a dime.
Also if he wants a major reduction in price, 1/2 or more tell him ,to ship it

back and you will refund the full price ,less shipping. That usually seperates the

cons from the honest ones . Good luck man,and keep us posted. David (IMG:style_emoticons/default/slap.gif)


I agree Dave. He sent me pictures of the damage, but non the complete top. I have asked for pictures of the complete top. There were some big scratch marks on it that you can plainly see. This way I can make sure he isn't trying the old switcharoo on me. Based on his ebay feedback, I don't feel he is, but you have to make sure. For the record I did insure it for $400, its on record with FedEx.
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73Phoenix20
post Sep 2 2007, 07:29 PM
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ahhhh... I suspect you are up the proverbial creek w/o a paddle...

I bought a part from a CA vendor. He ships FedEx... I get the box; and it's EMPTY!!! As in Some A**hole cut the tape on the BOTTOM of the box, slipped the part out, and sent the empty box on it's way to me!

I went to FedEX... they said only the Shipper can file a claim... I went to the shipper... he gives me some crap about never having a problem with FedEx, and they won't pay the claim w/o proof. I photo the box, but WTH, how can you prove the box came to me empty???

So, I didn't get squat, and I didn't get my money back either!

Love to hear how you resolve this one! Can't see how the Top got scratched unless someone pulled it out of the blanket and deliberately stomped it...
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BarberDave
post Sep 3 2007, 03:44 PM
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73PHOENIX20:

Your ans. is weight,weight, the shipping company weighted your shippment at the start,should weight the same when it gets to you,Right.

So have shipper pick it up and weight it. Was it plain that it was opened before delivery. Did you note that? Or was it the Brown truck guys who just leave things on the porch?
If there is a difference in the weight,something was removed in shippment. If not the guy you bought from is a scam artist.

No matter the amount of money were talking about these scam artists need to be called on the carpet.

The same for shipping companys, the brown truck (IMG:style_emoticons/default/slap.gif) people have opened and stolen items at least 6 times on me.
They count on you blowing it off. That policy probbly saves themTHOUSANDS in INs. claim Money.
If you don,t belive that, attend a ( Unclaimed Merchandise) sale they have

to often. Don,t let it drop,eather way. Dave (IMG:style_emoticons/default/slap.gif)
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73Phoenix20
post Sep 3 2007, 05:24 PM
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Well, good point on the weight, but it was the "White Truck" guys this time! FedEx that is...

I have been unbelievably lucky using 'Brown", but it may be that I know the locals, and they do a BIG business with my niece's company, so they really don't want to screw up a sweet deal by screwing with me.

I will see if I still have the original package, and if the weight was marked on it... of course, they dropped it on the front porch, and I can't prove what it weighed when they left it here, so I guess they (or the Seller) got me on this one! Just irritates me that I paid for insurance on this item, and still got screwed!
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GaroldShaffer
post Sep 3 2007, 09:00 PM
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Well this has turned in to a big cluster F with the buyer. We agreed on a refund price, I sent him a paypal, now he wants more to cover the Fee paypal charged him. Sorry, but no deal. I feel I have been more than fair, he got to keep the top AND some $$ back. sheesh.

So Bob, if you are on this site and reading this we are done unless you want to send the top back to me, then I will refund the rest minus shipping costs.

I have 980 pos rating on ebay with 1 neg from a buyer that I gave neg feedback on for waiting over two months to pay for a $10 item.
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Dr Evil
post Sep 3 2007, 09:09 PM
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I had to do a claim with them when they destroyed an intermediate plate by dropping the whole box. Long story, but I got the money back. They were not gonna give me squat at first because they thought that I was a private citizen ( I am ), so I sent them an invoice from my "company" with all the totals and they actually refunded me $25 more than I claimed (IMG:style_emoticons/default/confused24.gif) Seriously, generate a cost for the item form "Garolds Old Porsche Parts" and fax it to them. It is the fastest and easiest way to get it done. If you need a parent company email me and you can use my friends (IMG:style_emoticons/default/smile.gif)
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73Phoenix20
post Sep 3 2007, 09:35 PM
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My "rule of the thumb" is "You want your money back? Fine, send me the part back and I will send you a refund less shipping and eBay fees."

I only had one "Squawker", and that was over a $200.00 SeaRay PS Pump that I sold him for $20.00! And he still tried to get me to give him his $20.00 back... Never would say why he did not want the Pump. I said send it back... no problem. and I also told him I had the Serial # off the pump I sent him, and it had better damn well be the same pump I get back! Never heard another word from him!

I don't know, Garold...I got a bad feeling about this deal... Maybe you should press him to get the top back, and see what he does... if he balks, then file a complaint with Paypal???
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GaroldShaffer
post Sep 3 2007, 09:42 PM
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More info, I'm still pissed that he want more $$. (IMG:style_emoticons/default/chair.gif)

Ebay Auction LINK

Email's in the order recieved from hom and sent by me.

Email #1 from Bob

Hi Gerald!

Received the Saratoga top and it was broke and cracked and had a chip. I am hoping we can work this out. Still want the top but one corner is broken. You did not pack it good enough as I told you Fedex and other shippers are very abusive up here. As you will see from the pictures the box was dented in one corner. As you can see from the pics it resulted in a broken top.
I am hoping we can work this out - don't want to file a grievance or a negative.

Please get back to me right away and we can work out how much you can refund to me as this was almost $500 with shipping. If not, I will go for it all.

P.S. I'm easy to work with. I know we can work something out ($)

My response

Bob it was wrapped in a moving blanket, inside a box
and inside another box full of packing material. Not
sure how much better you can pack it. With that being
said what do you want for I refund?

Garold


Then I sent this follow up email

Bob, also can I see two more pictures please. I would
like to see pictures of complete top, both sides.

Thank you - Garold


Response #2 from Bob
Garold you should have filled the box with peanuts I use to work in a
shipping department at a company and there were not enough peanuts in
the box but with that being said the shipper FedEx should have treated it
with care and once again they beat it to hell. so I welcome you to go after
these people, but as far as money you will be getting all your money back so
how about you refund 250. I think this is fair

Response #3 from Bob

Here are the pictures you requested of both sides. Can't really see the
crack and chip since they are full far away pictures. You already have
those pictures. Hope this helps. Let me know what we are going to do
about the refund.


My response to that email

Bob, It was full of peanuts, if it had a hole in the
box like you one picture shows then the came out.

You paid $466.44 total for the top & shipping so I
will offer half ($234) of that as a refund. Let me
know and I can get you paypal refund today.

Garold


Response #4 from Bob

Thanks for the quick response. $234 sounds fair. Please credit my
paypal
account for the $234.

Bob

At this point we were not home the rest of the night. Ended up at my inlaws when we got home today, here is the email from Bob

Response #5 from Bob

did not see anything in my pay pal so whats up Garold?


My response when I got home and read his email

Easy there mister. Sorry, we were out of town over
night. You have your refund.


Now I might have been a I little short in my response, but I was still not 100% sure the pictures he sent me was the top I sent him I will post these pictures.

Response #6 from Bob

Paypal charged some $7.09 fee from the $234 you owe me. I do not care
what the fee is. We agreed on $234 that is what I want. Please send
another $7.09 and whatever fee is necessary to make it $234 as we agreed upon.
Thanks in advance.

Bob

P.S. Now that you're home please make that happen today. Appreciate it.

My next two responses:

Nope, same fee they charged me.
Then I followed up with this

One more thing, I think I have been more than fair.
You got a refund and you get to keep the top, what
more do you want? If you are not happy with this, then
send the top back to me and I will refund the rest of
your money minus the return shipping costs. That is my
final offer.

To be honest I feel the top was very well packed, and
in good faith I have given you a refund. From your full
length pictures I can't tell if it is the top I sent
you or not. There are some very disticnt marks on the
top I sent you, which I don't see in the complete top
photos. So as far as I am concerned we are done. Do
what you feel you have to do, but I feel you have
gotten a fair deal.


Here are the pictures he sent me.
Attached Image
Attached Image
Attached Image
Attached Image

Pictures showing damage to OUTER BOX. Note there was at least 3 inches of packing peanuts between the inside of this box and the box that was inside it with the top.

Attached Image
Attached Image

Complete top pictures he sent me. I can not see the deep scratch marks that are on the top I sent him (see ebay pictures) this is why I feel it might be a different top.

Attached Image
Attached Image
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Dr Evil
post Sep 3 2007, 10:04 PM
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Dude, you have been more than civil and fair. I do not like the tones of his emails at all. The way things should have gone is he should have had to wait for you to get a claim from FedEx. You did not pack the item deficiently, thus it is not your fault. I am wary about this matter as well (IMG:style_emoticons/default/dry.gif)
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GaroldShaffer
post Sep 3 2007, 10:31 PM
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Most recent email from Bob

One more thing buddy. I've dealt with ebay before. If I put in for
the whole money back it will be at your cost to return the thing and I will
get all my money back. It is stupid on your part to argue about $7.09 when
it's your negligence in packing and when I could get all the money back and
you will get back YOUR BROKEN top that you did not pack right because you
were too cheap to let Fedex pack it. This is what happens when you are
cheap. So give me the rest of my money that we agreed upon because the top got
broken because of you. Obviously it is broken. or you're going to lose it
all and you're paying for the return shipping.

I sent you picture evidence, so once again stop being a cheap *** and
return the $7.09 and stop whining. Why should I pay for your fee.
$234 was what we agreed upon (half). I've been more than fair. Come on,
Garold, you said half which is $234 right? Not minus your fee for your negligence
and I will give you a positive. It's only $7.09.

I'm hoping we can work this out as I thought we already did. $7.09 and
I'm all done with you.

My response

Buddy, I don't think so.

It is not my negligence in packing and that is my
point. And calling me cheap for not having Fed EX pack
it, right. I send items way more expensive and fragile
all over the world packed like that, never in 6 years
has there been a issue.

Your over all pictures do not show the marks on the
top that the images from my auction show. I can't
honestly tell if it is the top I sent you or not. I in
good faith refunded you money, when I could easliy
said tuff. It's your "better do it or else" attitude
that has set me off. If you have any pride, see the
attached photos and show me the same photos with the
cracks. If you can't do that then you just got a $400
top for $200 bucks. If you do then I will apologize on
any forum you want. Actually you can check this site
http://www.914world.com/bbs2/index.php?showtopic=75784
because I have posted the whole thing there with the
pictures.

And how do I know you are not going to ask ebay for a
refund anyway? I honestly don't have a good feeling
about you and your way of wanting to do business. I
think the best thing to do is just send me the top
back and when I receive it in the condition you
pictures show then I will refund you the complete
balance of ALL your money.



Attached Image
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Dr Evil
post Sep 3 2007, 10:41 PM
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I vote for not the same top. The one with the bad crack looks to be in overall better shape.
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rhodyguy
post Sep 4 2007, 08:59 AM
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were the seals on the top you sent as deteriorated as the one pictured? am i crazy or was there a similar issue with a saratoga top a few years ago? the top would have had to been removed COMPLETELY from the box to suffer those scratches in the field. the box damage and the intact tape indicate otherwise. i feel you may be victim to the old "switcherooo" or the guy dropped it upon removal from the box. if the buyer wanted it packed by fedex, he should have stated so and picked up the tab for that 'not for free' service. sorry a deal went south.

k

k
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GaroldShaffer
post Sep 4 2007, 09:48 AM
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Funny, how now that I have asked for more detailed pictures showing the "damage" and the marks that were already on the top that I sent I haven't heard anymore from asshat. Come on Bob show your face, I know you are reading this. I will give you a day to respond either here or via email, then I post your ture name and location.
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73Phoenix20
post Sep 4 2007, 10:52 AM
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(IMG:style_emoticons/default/popcorn[1].gif) (IMG:style_emoticons/default/popcorn[1].gif) (IMG:style_emoticons/default/popcorn[1].gif)

Can we get a poll on this?

I vote for the ol' "Two Different Tops" trick!

No way could FedEx or anyone do that damage to the Top without removing it from your packing and bouncing it on a very hard surface a few times!

What a deal! a $500 Saratoga Top is a pretty good deal, but then, hmmm... maybe I can get half my money back as well??? And to argue over $7 bucks???

WTF is this world coming to?
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KELTY360
post Sep 4 2007, 11:33 AM
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The top in the pictures the buyer sent looks like it's been polished. Obviously the top you sent had not been polished. Both pictures show a reflected light source but in your pics it highlights the swirls and scratches; in his pics it highlights a smooth, finished surface. Either he switched tops or he damaged the top you sent while polishing it.

I think you're being scammed. Good luck.
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