"Concealed Damage" and FedEx Claims


After several happy years of buying and selling on AudiogoN, I'm in the middle of my first FedEx claims process. The item in question is a Copland CD player shipped FedEx Ground from Boston to Los Angeles with a FedEx "declared value" equal to the asking (and selling) price on AudiogoN. The original shipping box, original inner packing, and thirty pound player arrived with "no visible damage to contents," but the buyer reports that the player does not recognize a CD in the drawer and will not play it. I've filed a claim, but there now appear to be two problems: One, the buyer was out of town when the unit arrived (it was delivered to the mailroom of his work address), so the 15 day limit on reporting "concealed damage" had passed by the time he opened the box and figured out the unit did not work properly. Two, when FedEx came to inspect the damaged player they looked only at the shipping box and the exterior of the player. These were in excellent condition. They did NOT test the unit to see that it no longer worked properly and I am told that they have NO intention to do so. I found this a bit troubling and have now asked four different operators at FedEx claims how they can determined "concealed damage" on a CD player without ever attempting to play a CD. My uninformed thinking is that FedEx has no intention of allowing the claim (because of the 15 day limit on reporting damage), so there was no reason to inspect for anything other than visible damage (where the reporting deadline for a claim is nine months). Questions for the group: Have YOU had any experience with "concealed damage" and the FedEx claims process? Have YOU had any experience with FedEx and its 15 day limit on reporting "concealed damage." And, most importantly, what would YOU do as an AudiogoN seller in the event that FedEx denies the claim? Thank you one and all.
milaverne
Sold two pioneer ld players and shipped them both via fedex ground. Had both units tested at a local repair shop to certify that they worked. Both units would not play upon delivery. FIled claims with fedex immediately for concealed damage. Got the run around like you did. Ended up paying for both repairs out of pocket while waiting for claims process. Finally filed a claim in small claims court. Fedex paid for repairs and court cost. The thing that decided the case in my favor is that I had a third party inspect the units prior to shipping. It was worth the $45.00 per unit.
Regardless of what happens with Fedex you should certainly have the buyer go get a repair estimate. That will give you both a better indication of the size of the problem you're dealing with, and the repair bill may be minor. I would say in this instance since the buyer left the unit uninspected for so long, impeding the claim process, you should probably both split the cost of repairs. Had he opened the box and tested the player immediately you would have been on better grounds in terms of filing a claim. Had the claim been denied, I think the seller, you, would then be responsible for the repair bill, as you sold the buyer a "working unit". Good luck with this.
I just had a similar experience shipping a cartridge via UPS. I had the dealer put my "old" cartridge in a cartridge box. I then bubble wrapped it and put it in a shipping box. My buyer reports that not only were the stylis and cantilever broken...they were missing?? UPS said that if the outer box was not damaged or destroyed which they weren't.Then there is no basis for a claim with them.I sent the buyer a full refund but ouch!!
I'm very committed to having a satisfied counterparty in any deal I'm involved with. If the concealed damage had been reported immediately, I would have done any reasonable thing to satisfy the buyer, including a refund. However, waiting that long to reply is stretching it a bit. I would still assume the buyer is on the up-and-up and try to make right, but I think the notion of splitting the fix 50/50 would be reasonable if the buyer is of the reasonable type. If there's too much objection, I'd question the motives and story.