What do you think?

Discussion in 'Buyer/Seller Feedback' started by ss4825, Sep 5, 2008.

  1. ss4825

    ss4825 Well-Known Member

    I bought a set of wheels and tires from a board member not long ago. He shipped them FEDEX they were not boxed they were tied together in pairs with the tires on and deflated. When the wheels arrived one was bent and I told him about it. He called FEDEX and they came and picked up the one wheel less the tire I had removed. Later FEDEX told him that they would not pay the claim because they could not inspect the packing. He said it is my fault because I didn't send back both wheels tied together with the tires on. So he packed them and shipped them and somehow it's my fault they were damaged. I have replaced the wheel and have asked him to reimburse me the cost to no avail. Am I crazy for thinking this is not right?
     
  2. GStage1

    GStage1 Always looking for parts!

    Hmmm, don't think FedEx can bend a rim...that usually takes a car hitting a curb or some other immovable object.

    Always, best to ship rims boxed. Don't know why the tires were sent unless they were good to use for a road car vs a roller.
     
  3. ss4825

    ss4825 Well-Known Member

    George they were Aluminum wheels with skinnies and slicks. I believe that FEDEX did the damage. I just can't understand how I end up holding the bag on this deal.
     
  4. Iggycat2004

    Iggycat2004 1971 Buick GS Convertible

    Alan,

    I've been down this road with UPS. Put it all back in the same box just the way you pulled it out. Call the seller and have a call tag issued and they'll pick up the box with ALL contents intact for inspection. The fault will be decided by UPS/FEDEX and they will go back to the shipper/seller and work the details. It's cut and dry and you free of any doubt..

    Mike

    NJ
     
  5. wkillgs

    wkillgs Gold Level Contributor

    So these had no protective packaging at all???
    Even if there was insurance, if they were not properly packaged...UPS/FedX won't cover the claim.
    It's the sellers responsibility to properly package it!
     
  6. Jerseysky66

    Jerseysky66 Silver Level contributor

    I agree with Walt. They were not packaged :Dou:

    Sellers Fault.
     
  7. flynbuick

    flynbuick Guest

    Just for future reference. This situation is covered undered Article 2, Section 319 of the Uniform Commercial Code which I believe is adopted now by all 50 states with perhaps a few modifications not important here. If you make a sale F.O.B., the place of shipment, the risk of damage lies with the seller until he places the goods with the carrier. If you make the sale F.O.B., place of destination, the risk of damage remains with the seller until the goods are picked up from the carrier by the buyer.

    http://www.law.cornell.edu/ucc/2/2-319.html
     

Share This Page