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Old 02-25-2012, 11:53 AM   #1
dklowrider
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Member Since: Jun 2010
Location: Harrisburg Pa.
Default dklowrider vs. sammy burks

the end of november i purchased a used 6 disc in-dash oem cd changer to replace my single disc unit. i opened the package when it arrived and the unit and the package appeared to be in goodshape. since i wanted to install a shifter and do a hydro carbon dash bezel also, i put the cd player aside for future installation so that i only had to disassemble the interior once.
here in central Pa. most of us tuck our babies in for the winter around the begining of December and that's what i did. it got so nice though that by President's day weekend i couldn't wait any longer. out with the old stereo and shifter and in with the new. i tried the stereo using acc. position as you normally would and the radio worked fine, but the cd changer would not work. once i turned the ignition to on, naturally it locked. so off to the dealer i go on monday to get it reprogrammed and sure enough the cd player does not work.
i contacted the seller immediately and explained the problem, offering to pay the return shipping and send it back to him in exchange for a refund of the purchase price. the response i got was sorry you're having problems but it's too late to make a claim with the shipping co.
i responded by saying i would do some research and get back to him.
first i contacted a local install/repair shop and was told that the newer in dash changers aren't as sturdy as the older cartridge style and it may have easily been damaged in shipping. i then contacted the claims dept of the shipper he used, the USPS, and asked about Priority Mail damage claims. they told me that either one of us could file a claim within a 60 day window. however, even though the 60 days had passed, i was advised that if i wrote a letter explaining why the damage was just now discovered, that it would most likely be considered a valid claim. the bad part is that there cannot be a damage claim no matter if it was the day of delivery or 6 months later, if the package was not insured. and of course, the package was not insured.
i presented my findings to the seller the next day and extended my original offer, with the hope that we could settle this just between the 2 of us, and i have gotten no response.
at issue here are several things. first and foremost is trust. i trust that the seller is being truthful when he says the unit worked fine when he sold it. i would hope that i am being trusted as being truthful when i say i inspected the box and it's contents for visible damage and placed it in safekeeping until i was ready to install it. even though i have not heard from the seller i think we can agree that this cd changer probably was damaged in shipment.
i do not believe that someone who purchases merchandise should bear any loss risk for the safe arrival of that merchandise.
i do believe that if a seller chooses not to protect the merchandise with available insurance when they ship it, that they automatically assume the liability for the safe arrival of that merchandise. add to that, the statement offered when i questioned the fitment of an '08 unit into an '07, and whether it was in proper working order: "This unit will plug in to your 07 corvette like it belongs in it I gaurantee there are nothing wrong with it."
i believe i am owed a refund of my purchase, and am being generous in my offer to pay return shipping. this is not about fault, rather liability.
what sayeth the court?
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Old 02-25-2012, 05:40 PM   #2
Velox
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Just an opinion (and you know what they say about opinions...) but I have a hobby in used electronics and have some familiarity with this type of question. Unfortunately you have gone well past the usual windows of 45 days (PayPal) and 60 days (CC). My concern when I get an email from somebody about a used whatever that I sold months ago is that who knows what the buyer has done to it in that time? The buyer's responsibility (IMHO) is to check and confirm immediately on receipt of something like this that there is FULL functionality. You should have confirmed fully working or not working immediately, that is what I would have done. You chose not to check the unit, and put it on a shelf. The seller had no insurance, and I really doubt even if he did that any shipping company would go back that far and cover unproven damage. With no physical evidence of radio trauma, no photos, no crushed box on receipt etc, there is very little case to support a claim. So all that is left is ask the seller to refund you anyway. That means he gets back a radio with dead CD unit, which he thinks was fine when he sold it. This is pretty iffy situation. If it was me, I'd probably consider splitting the difference with you, i.e. refund half to try and keep it civil. Lesson to learn is NEVER accept any purchase like this as a done-deal until it has been checked out immediately on receipt and confirmed 'as promised.' AGAIN JMHO
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Old 02-25-2012, 05:56 PM   #3
dklowrider
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Quote:
Originally Posted by Velox View Post
Just an opinion (and you know what they say about opinions...) but I have a hobby in used electronics and have some familiarity with this type of question. Unfortunately you have gone well past the usual windows of 45 days (PayPal) and 60 days (CC). My concern when I get an email from somebody about a used whatever that I sold months ago is that who knows what the buyer has done to it in that time? The buyer's responsibility (IMHO) is to check and confirm immediately on receipt of something like this that there is FULL functionality. You should have confirmed fully working or not working immediately, that is what I would have done. You chose not to check the unit, and put it on a shelf. The seller had no insurance, and I really doubt even if he did that any shipping company would go back that far and cover unproven damage. With no physical evidence of radio trauma, no photos, no crushed box on receipt etc, there is very little case to support a claim. So all that is left is ask the seller to refund you anyway. That means he gets back a radio with dead CD unit, which he thinks was fine when he sold it. This is pretty iffy situation. If it was me, I'd probably consider splitting the difference with you, i.e. refund half to try and keep it civil. Lesson to learn is NEVER accept any purchase like this as a done-deal until it has been checked out immediately on receipt and confirmed 'as promised.' AGAIN JMHO
i understand what you're saying about the timeliness issue. i'm sure you read why, particularly that time of the year, that i didn't install it and go right to the dealer to be unlocked. at this point, i'm considering that a lesson has been learned on my part. and as i said about trust, that has to work both ways, and i did have positive vibes from the post office, but alas, no insurance anyway.
as you suggested, i would probably be willing to entertain something less than a full refund as a settlement, but i have not had any offer, or contact in any way. when that happens the only feeling i have is that of being blown off.
and thank you for your opinion. very nicely put.

Last edited by dklowrider; 02-25-2012 at 06:01 PM.
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Old 02-27-2012, 03:19 PM   #4
dklowrider
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well, i'm considering this matter closed. my latest contact was to offer to split the pain 50/50 on this, and again, third time i believe, no response.
as was said above, even with insurance and a discovery of faulty merchandise immediately, it would be hard to prove damage in shipping without some sort of visual damage. so my generous and communicative seller has left me to hold the bag for everything. if i had taken it out and dropped it or something there would be damage to the case. if i had been using it during this period and it broke i wouldn't have a reciept showing it was just now reprogrammed and unlocked.
hmm. maybe it really didn't work when it was sold to me. who knows?
thanks very much for making this an experience that will forever prevent me from buying an item like this from anyone again.
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Old 02-27-2012, 06:43 PM   #5
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closed as seller refuses to respond
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Old 02-27-2012, 06:43 PM
 
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