Item Sold, customer threatening action against seller.

Status
Not open for further replies.

edriven

New Member
I have recently sold an item, a simple piece of machinery that has a retail value of $25,000 and a market value of $5000. I sold the item on ebay, and the buyer never asked a single question prior to auction end, nor looked at the item in person. Her bid was over $5000 and eventually won the item.

The person paid for the item via paypal in 2 separate payments. She wanted the item shipped over 500 miles, and did not want it on a skid. We did our best with the packaging.

She sent an email out stating that the item was damaged, not in the shipping process (she says there were no signs of shipping abuse) and claims that we dropped the item. We took pictures of 3 of the samples of the output of this machine before posting the item (proof that it was working prior to shipment). The service tech that worked on the machine for the past 4 years claimed that the machine was in good maintenance.

What grounds will this buyer have if she pushes for court action? She is unwilling to pursue shipping insurance, and claims that we shipped her a bum item.

Any advice is appreciated.
 
I would think that the woman would bear the loss here and I'll tell you why. Typically what happens in most shipping cases is an "FOB" term -- Free On Board -- which defines who bears the risk of loss/damage. FOB Destination means the shipper guarantees the package to be delivered to the destination and Shipper means delivery to the shipper.

Here the woman chose the method of delivery and instructed you how to ship. With that kind of control, I would say that the risk of damage is upon her. You were very wise to take pictures of the machinery before shipment. Perhaps she is unhappy with what she purchased and it would be a costly lawsuit for her to bring. She doesn't want to even take insurance to make her whole -- I am wondering whether she sent you pictures of any sort that would give you an indication as to where the damage is and how it may have occurred.

edriven said:
I have recently sold an item, a simple piece of machinery that has a retail value of $25,000 and a market value of $5000. I sold the item on ebay, and the buyer never asked a single question prior to auction end, nor looked at the item in person. Her bid was over $5000 and eventually won the item.

The person paid for the item via paypal in 2 separate payments. She wanted the item shipped over 500 miles, and did not want it on a skid. We did our best with the packaging.

She sent an email out stating that the item was damaged, not in the shipping process (she says there were no signs of shipping abuse) and claims that we dropped the item. We took pictures of 3 of the samples of the output of this machine before posting the item (proof that it was working prior to shipment). The service tech that worked on the machine for the past 4 years claimed that the machine was in good maintenance.

What grounds will this buyer have if she pushes for court action? She is unwilling to pursue shipping insurance, and claims that we shipped her a bum item.

Any advice is appreciated.
 
Status
Not open for further replies.
Back
Top