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View Poll Results: Who is responsible for filing a claim if an item is damaged during shipping?
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Buyers Beware: dsmawd350

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Old 03-29-2009, 06:22 PM
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Default Buyers Beware: dsmawd350

I purchased a set of taillights with center section from dsmawd350 on 03/10/2009 for $225.00 through paypal.

See link below for sale and pictures of damaged taillights:

https://ls1tech.com/forums/lsx-parts...tailights.html

Money was cleared and posted to his account on 03/16/2009.

He shipped the two taillights via Fed Ex 1 week later. When the package arrived the center section was not in the box, just the two taillights. The taillights had been poorly packaged with just a thin layer of foam peanuts. The drivers side taillight was broken in shipping. I sent him a pm to see if he would issue a refund and file a claim with fed ex. He refused saying it was my responsibility to file the claim. He stated he did not ship the center section because "it wouldn't fit in the box" and "I woud not want it anyways because its faded".

I told him at that time I did want the center section as it was part of my purchase and ask that it be shipped. He is not responding to pms so I have to assume it has still not been sent.

It was my understanding that it is the sellers responsibility to file a claim if something is damaged in shipping. He has ignored my requests for a refund. I didn't look at his trader feedback prior to purchasing from him which was a mistake, looks like this isn't the first time someone has had a problem with him ignoring pms and items he shipped being damaged.

At least its only a $100.00 taillight im out, he is selling a $3000.00 turbo kit and I wanted to post this in hopes that no one pays him for a turbo and then doesn't get it because it "doesn't fit in the box"....

This was my first time making a purchase off this board, probably my last.

So to my poll.....if an item is damaged during shipping, who is responsible for filling the claim with the shipping company: Buyer or Seller?
Attached Thumbnails Buyers Beware: dsmawd350-100_0888.jpg   Buyers Beware: dsmawd350-100_0889.jpg   Buyers Beware: dsmawd350-100_0890.jpg  
Old 03-30-2009, 10:18 PM
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He logged on again today but still ignoring my pm, email, visitor message, negative trader feedback, and this post. It seems doubtful I will ever recieve any credit for the damaged taillight or the missing center section....
Old 03-31-2009, 07:23 PM
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I was in contact with fed-ex today and the buyer has already made a claim for the damages. It is crrently under review and must wait to see what they say. the center is going out this week
Old 03-31-2009, 07:27 PM
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Thank you for getting back to me. I will look for the center section in the mail and hopefully fed ex will issue a check for the damaged taillight shortly.

I'm sorry to hear that you had the flu, looks like we might get this resolved soon!

Last edited by 97LS1BIRD; 03-31-2009 at 07:50 PM.
Old 04-05-2009, 07:09 PM
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no resolution ever was reached. fed ex denied claim because seller had to file claim with shipping store. I have asked him to do this for several weeks now and still nothing. No response on getting center section shipped this week. He logged on again today and no response to pms.....
Old 04-06-2009, 08:54 AM
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Originally Posted by andrew69_04
Whenever a package of mine gets damaged (im the seller), either myself, or the buyer can file the claim. Most of the time the buyer has to becuase they have the damaged goods. If fedex denies the claim, it is the seller that should have to make up the difference due to them improperly packaging an item. Also, if the package is found to be damaged by the shiping company, they will issue a check for the insured amount (assuming the package was insured) but the check will go back to the original shipper.
Fed Ex told me that the ONLY reason they denied the claim is because I (the buyer) filled the claim. The said that the shipping store that contracted fed ex MUST file the claim. Since the shipping store is in Ohio where the seller lives and I live in Illinois, he has to go to the store he shipped it from and have them file a claim with fed ex......

He did not purchase insurance becuase he said that all items shipped through fed ex are insured for 100 bucks.

You are correct though, Fed Ex said they will only issue the shipper a refund check for the damaged item. So either way I need the seller to issue me a 100 dollar credit which he will not do.

He was suppose to have my missing center section shipped out by last week but he isnt answering any pms so i doubt that got done either....
Old 05-01-2009, 06:07 PM
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https://ls1tech.com/forums/negative-...ack-forum.html
Old 05-05-2009, 06:14 PM
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I did follow a claim through paypal, it was denied because "condition of goods" is not something they protect against.

I did contact fed ex and file a claim with them, claim was denied because seller refuses to fill out paperwork or have store fill out paperwork for the claim on his end with fed ex.
Old 06-04-2009, 02:35 AM
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that sucks dude thx for warning
Old 06-28-2009, 01:08 PM
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Funny how they're quick to take your money but not quick to do anything else.



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