oufan2929

I can agree w/that

Creman

iTrader: (10)

take pride in what you sell. the customer isn't happy, don't think "can I get out of this" but try to fix it. You two work together to get this fixed. Have you already spent the money and that's why you don't want responsability?

Don't try to get out of it, just step up and take care of it. I think you two can work this out over the phone than bringing it here. leave everyone else out of it.

Havok2

iTrader: (118)

and the drama continues.

ls1pwrdss

iTrader: (74)

yeah i agree at least tim is more of a man than ricky. ricky isnt even a good lier and knows what he did was wrong. all i have to say is things come in full circles.

Dr. Teeth

iTrader: (4)

But what you have said here is that if you buy a new Corvette and it arrives at the dealer damaged, you should buy it and take it up with the shipper? Would you really accept that? You can't be serious. Pay top dollar for a damaged product???? What????mmThis turbo-deal-gone-bad is in no way related to your analogy. The seller sold a turbo as new, shipped it and his buyer was unhappy because it arrived other than how it was described. It was in no way the buyer's fault that it was damaged in shipping--at all. I guess if the seller is so sure it's fine, why is he not refunding the money and reselling this fine piece of equipment?

If I sold a turbo and someone put it on a car and blew it up, I would blame the buyer then. How can the buyer prove that it is bad without having it spooled up, and why should he have to pay for it? He bought a NEW turbo, not one that needed to be checked out, but that's what he got. If the seller sells something AS IS and has documentation to prove that it will arrive in less than advertised condition then he has a leg to stand on. Otherwise he should honor his committment.

If I were the seller I would take it back and resell it for more money somewhere else. your point is that you should buy NEW things and then payh to have them checked out. Unbelieveable.

Oh and by the way, maybe you could get a book on CONTRACT LAW and review your opinions on what's really going on here with the Seller and UPS.

Timbo1969

Phildo I said nothing to slight you in my comment, and you turn it into a personal attack, which shows your obvious lack of respect for others. If you would like to compare IQ scores to see which of us is more intellegent then please contact me at your earliest convenience, otherwise don't assume someone is dumb or lacks intellegence, by a post on an internet forum.

If you expect a certain level of protection for an item when it is packaged, such as double boxing, wrapping in bubble wrap or anything of the like, mentioning them to the seller wouldn't be a bad idea. Also since you doubt the integrity of the unit then you should get it checked then forward the repair bill to OUFan to submit to UPS. Until actual damage has been assessed there is no point in arguing anything about who is responsible for what. It's a really moot point at this stage.

phildo

iTrader: (7)

Tim, I never insulted your intellegence, just your comment. I think you need to go back to the law book. If I take this to court I will have no problem getting my money. Any rational honest seller would stand behind his sale 100%. That includes anyone he subletted work to. I sublet work out all the time when I get too busy or the job can be done cheaper elsewhere. If something gets messed up with one of those jobs I take care of the customer first and then take it up with the sublet company to regroup funds. It is called being honest and having integrity.

I love all these people saying the turbo is fine. Well if it is fine then the seller should have no problem refunding my money. All his friends say he is the most stand up guy they know. Well stand up already!
He won't because he doesn't want to wait 4 his money for a month. Bottom line is he probably knows blame lies with him but why not take a little bashing and not have to be the one to have to wait. I got this whole song and dance about race cars and waiting from him earlier in this thread but what it really boils down to is HE doesn't want to wait. Money is probably long gone.

If I am getting a little "short" with the comments it is because of the name calling and attacks that the 15 year olds are making. Frankly I am tired of acting civilized just to be attacked.

I came on here to get intellegent input on a problem. While I have received plenty, (thanks guys!) I have also received irrational,unintelligent comments.
Most of the worthless comments are comming from people with their own threads against them on here.(there have been 3 people so far) So now the thread is riddled with B.S. comments from dishonest people.

I only keep coming on here now because I am bored.

Timbo1969

The only flaw in your court case is you are dealing with an individual and not a business. I understand your frustration, but they will say the same thing that has been said for centuries about dealing with individuals time and time again.. Caveat Emptor applies more now than ever especially when doing business over the internet. I truly think that most people dealing online, whether selling or buying have no idea what they are getting into, and the possible legal liabilities involved with doing business, especially with the way shipping companies mishandle and/or mispackage equipment. If I were in your position I would have sent the turbo immediately to have it checked and once damage was determined, I would have given the seller the benefit of the doubt and allowed him, to file a claim if he had insured the item. If he was obstinate or disaggreable, then I would have contacted my attorney for legal counsel and possible action.. But that's just me

Havok2

iTrader: (118)

well i think everyone has put their 2 cents in. now everyone needs to but out and let oufan/phildo/ups/psj resolve the issue.

this bitch is locked.(if only i could)

greg00SS

Are you serious? If the UPS Store packed it, then go after them. I had shipped a laptop a few years ago and the employee at the UPS Store packed it so tight that in the transit from the store to the destination, the casing on the laptop got cracked, so the buyer made a claim with UPS and they paid them to have it fixed.

It isn't the sellers fault, do you not understand that the boxes get thrown around when they go from city to city? Get ******* real. It's not like they handle it as if it were their grandma's china.

Blackj98

stop trying to destroy someone elses name!......

Havok2

iTrader: (118)

read much? ONLY THE SELLER/SHIPPER CAN FILE A CLAIM.
which has been repeated alot of times already.
so yes, the SELLER/SHIPPER needs to file (which i think has already been started, i think?)

Cliff

iTrader: (19)

I wonder if this will every end.

WS6nJAX

iTrader: (207)

again, ups will only settle with the shipper of record. this is how it works.....
http://www.ups.com/content/us/en/res...e_process.html

Damaged Package Claims Process

Damaged Packages

Damage to a package can be reported by a shipper, recipient, or by UPS. After a damage inspection is performed by UPS, the shipper of record is contacted with the results. Depending on the results, the shipper can file a claim for the repair or replacement cost of the package contents up to the declared value.

The steps in a damaged package claim are as follows:








1. Damage Reported
A shipper or recipient can report a package that has been damaged during shipment. The shipper can also submit documentation in support of the claim online, or by fax or mail, at the time damage is reported. In the event that a damaged package is discovered while still in the UPS system, we will notify the shipper of record and provide details. Once damage has been reported, you can check the status of the claim online, anytime.

Note: Damage can be reported online only for packages that have an origination and destination within the United States. To report damage of international packages, contact UPS.

Report a Damaged Package
Check Claim Status
Contact UPS


2. UPS Inspects Package if Required
UPS will inspect the damaged package to determine the cause of damage and verify proper packing materials were used (in accordance with the shipping terms). UPS may inspect the package at the shipper's or receiver's site, or may collect the package for inspection at a UPS facility.

Once the UPS investigation is complete, a notification letter will be mailed or faxed to the shipper. UPS will not send inspection information to the receiver of the package.




3. Claim Authorized
If the claim is issued, a Damage/Loss Notification claim letter will be mailed or faxed to the shipper of record; UPS will not send the claim letter to a receiver If the claim is not approved, UPS will notify the shipper; the shipper can contact UPS with any questions or concerns





4. UPS Reviews Documents
It is essential that the shipper supplies UPS with documentation that supports the actual repair or replacement cost of the merchandise, up to the declared value, as requested in the Damage/Loss Notification claim letter. This documentation can be provided either when the damage is first reported, or after the Damage/Loss notification is issued. Supporting documentation can include original invoices, purchase orders, or other information required by UPS.

UPS will:


Determine the value declared, if any, for the contents of the package
Verify that the product falls within the guidelines of the UPS terms or contract with the shipper
A UPS mailing address and fax number will be provided in the Damage/Loss Notification claim letter. In addition, instructions on how to submit supporting documentation online will be provided.




5. Claim Paid
Once the claim has been approved and UPS receives the supporting documentation identified in the claim letter, payment will be processed. The claim payment may differ from the original amount requested depending on the documentation provided. Explanation of the difference in payment amount, if any, will be printed on the check stub. Typically, claim checks are mailed to the shipper's billing address on file three to five business days after UPS receives the required documentation.

In the event the claim is not approved for payment, UPS will contact the shipper.

Timbo1969

Can someone lock this already.. it's past the point of lunacy.. The person who started the thread is even bored with it.. Let Phildo and OUfan handle this between themselves

Havok2

iTrader: (118)

echo echo...

pist0lpete

iTrader: (3)

I don't know why there is all this talk of sending the turbo off for repairs etc. Here is a quick and easy solustion for you Phildo that will save you both time and money: I find it hard to believe there are no reputable diesel shops in the Chicago area if not one in your town Phildo. They deal with many more turbos on a daily basis especially in relation to rebuilding them than any of the sponsors. The turbos they deal with produce much more boost and sustain rpms much longer than your turbo could dream of. Bottom line is they will know their stuff run it by have them look at it for 15 minutes and see what they say and go from there.

Timbo1969

Will a mod please LOCK THIS THREAD!!!