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
Jeff you did your part.You insured it and the buyer has to produce the damaged box and goods for inspection by UPS.You paid for the insurance so let it work for you.
I can tell that most of you have never had to deal with a UPS damage claim before. First of all, let me tell you that EVERY single UPS damage claim is initially declined NO MATTER WHAT. When the operator initially inputs the info into the computer, it comes up as "DENIED" without them ever looking at the package. From there, it is picked up at the consignee's ( recipient ) location unless an on-sight inspection was requested. It is then taken back to the UPS terminal that it was originally shipped from, inspected and returned to the shipper. It is up to the inspector to manually over-ride the computer program for the claim to be accepted. IF (and this is a BIG if) UPS acknowledges the product was damaged in transit and it is not their fault ( HAHAHAHA ), they then send the shipper a claim form that asks for all of the pertinent info. From there, you have to provide replacement or repair costs, proof of value, etc... If they accept this as being valid, they then cut a check to the shipper, since this is who they made the original shipping agreement with. If the shipper used a third party ( i.e. mailboxes etc., Pack-n-ship, Office Depot, etc..), all of the claim has to be processed through them. THIS is a REAL mess and i can not stress the fact that you or anyone else SHOULD NOT do this under ANY circumstances. When buying something off the net, make it clear that the items should be shipped DIRECTLY with the selected carrier and NOT done via some place of "convenience". You would not believe how screwed up things can get if something is damaged in a situation like that. It will take at least twice as long to settle your claim, if it is ever settled at all. Keep in mind that UPS is NOT quick to settle up to start off with and getting more people involved will only make the situation worse. Most claims are denied for the following reasons:
(1) Improper packing: The item was not SECURED in the box and was allowed to move around, shifting its weight to one side or the other. This is due to the fact that relatively solid yet soft (foam blocks) were not used to keep the item centered. Instead, most people use peanuts (which allow the item to shift around unless the box is SEVERELY crammed full of them so that nothing could possibly move) or bubble wrap ( which can pop under pressure from a drop OR if it comes into contact with the sharp edges of piece of metal i.e. chassis corner, switch handle, power cord plug, heat sink, etc...) or they used wadded up newspaper or paper packing material (which gets crushed due to weight almost instantly). NOTHING less than 2" of contoured packing foam on all sides of the unit with the unit completely centered is good enough in the eyes of the UPS inspector, so keep that in mind.
(2) The box that was used to ship the item was not rated for the weight of the item being shipped. This means that the "burst pressure" was too low and the internal weight of the item exceeded the tear strength of the box. This is what happens when the item is floating inside the box unsecured and is then dropped or handled roughly. The end result is that the weight shifts and the item comes through the box and ends up hanging out or getting broken off. (3) the box shows little to no physical signs of abuse or damage. UPS' take on this is that the box is not beat up, so how could the contents be ??? In other words, the shipper sent out "broken" or "damaged" goods to start with. I have been through this before and your almost better off beating the hell out of the box than showing them something that looks okay if your trying to process a legit claim. While i HATE having to suggest something like that, UPS does NOT "play" very fair when it comes to processing claims. It is almost justified, but not quite. As to Jeff's initial question, if i were the seller, i would have to refund the persons money and deal with the claim via UPS myself. Since he packed and shipped the item, Jeff is solely responsible for the buyer receiving goods as he advertised them ( which was probably "fully funtionable"). The unit was NOT packed properly as bubble wrap is not an accepted means of securing or centering a component in the box. I know that this sounds kind of "harsh" towards Jeff and his situation, but i have been on the receiving end of shipments like that far too many times. I am currently in the process of handling a similar claim. The seller took the products to Office Depot where they packed and insured the items. The packing was not up to spec, the box used was too thin and the item was SEVERELY damaged. Since neither the shipper ( who never sold anything before ) and Office Depot (UPS authorized packing and shipping station) don't know how to deal with this, i have had them sign waivers and turn all of the "rights" to the claim over to me so that i can resolve this in a timely manner. So far, it looks like UPS is going to pay the claim even though NOTHING was done right in terms of the packing. Luckily, the box was so obliterated that they couldn't deny that it was handled very roughly. The "good thing" about Jeff's situation is that it was a relatively inexpensive item and not a multi-thousand dollar component. As to replacing a switch or potentiometer, it CAN be done. It might not be cosmetically the same, but full function can be restored to the unit. Sean
>PS..... Sorry for the novel. I just thought that maybe someone could learn from all of this and avoid finding themselves in a similar situation.
I do not like UPS anymore than any of the other shippers out there but filing a claim with them is very easy based on my experience last year. I bought a new power amp valued at almost $5000 and it arrived with some cosmetic damage. The shipper called UPS, a Security guy came to the house, looked at the amp and the box it was shipped in and within 3 weeks or so the shipper was paid for the damage. They in turn paid me. No problem. UPS also gave me the option of getting a brand new amp instead of taking money for the damage. I was not happy that the amp was damaged but UPS responded quickly and paid the claim promptly.
Jeff, I agree with the majority here, but I am bothered that even two people think that the buyer has some obligation to share the burden here. The buyer in good faith sends a payment in advance to the seller -- that's totally for the seller's benefit. To then make the buyer liable, even in part, for things that go wrong before he receives the component... well, you can see that if this were the standard, all kinds of mischief could be played, and the concept of a good faith transaction that we depend on here would be pretty thoroughly undermined. I know you'll do the right thing, but I would have hoped there would be no ambiguity about who is responsible here. I'm sorry about the bad luck you ran into.
Jeff, Firstly, I would not ship via UPS because of the notorious service they provide. I have also heard from forums that it is very difficult to make a claim on damaged packages.

Secondly, you need to talk to the buyer to see what he wants to do ie. refund him the $ or reduce the price so he can have it fixed. It is the BUYERS call to make. You're the shipper and should be responsible for the danaged merchandise.

Thirdly, file a claim with UPS. Make sure the buyer has the damages packaging as UPS would like to inspect it.

lastly, I trust that you're a good guy as I see your postings on this site. Please make it right for the buyer.

Thanks