Trouble with trade advice needed

[Locutus]

a few weeks ago i saw this thread
http://www.hardforum.com/showthread.php?t=775137

i contacted Th3KrawL3R by PM and we agreed to a HDD and scsi controller for
$190 shipped [$95 ea]
i asked Th3KrawL3R to ship first as he had only 3 HEAT and i had over 100 [HEAT= jlpicard]
he responded that he had some deals that were fine and will i do 2/3 up front and 1/3 after receipt
i said no how about 1/2 and 1/2
he said OK
He said he was going to ship fed ex or UPS
iasked if he can ship USPS because if im not home i can go to PO and pickit up as the PO is rite down the street
He said thats fine
i got the box with the drive and controller inside
it was packed very well
im a great packer and i would have done it like this
i had no probs with the pack job
i opened up the box took out the drive [wrapped in foam] in a cardboard divider [size of drive] under cardboard was a piece of foam and another piece with a cutout the shape of controller
i opened the static bag and took out the card and a small piece [metal capacitor?]
fell out
i emailed Th3KrawL3R and got no reply
then emailed again with no reply
after a week a figured he was away and will get back to me
today he got back to me
we talked and i said i should not be responsible for this
he said i should be because i did not ask for insurance
i think with this much money insurance is the responsibility of the shipper
as that is the was i always do buisness
as it stands neither one of us wants to take responsibility

what are your opinions??????????????

[I Pity Da Fool]

Sooo... i'm guessing the card didn't work? And you've only paid for half so far? Is all that right?

[Locutus]

i will not install it in my machine
i dont want to take the chance
yes i paid 1/2 so far

[Super strokey]

Thats a rock and a hard place. Maybe you should mail the bad part back and split shipping?

[Locutus]

53 views and no comments
c'mon guys

[daba]

I say it is the seller's fault. The seller agrees to send you the products as described. If they were stated as working and arrived to your place broken, then that is the sellers fault. It doesn't matter if they were packaged poorly or packaged perfectly -- you paid money for working products, not damaged products. Since you claim that the packaging was impeccable, then who is to say that the HDD and controller weren't broken to begin with? He only has 3 heat after all.

Consider it thusly: you order from an online vendor and get a broken product. You are entitled to a replacement or a refund.

You should return the product to him and get your money back. Case closed.

[Locutus]

BTW the HDD works fine
its now running on an Adaptec 29320 SCSI card
ive ripped a few dvd's with it
there are no probs with the drive
im keeping it

[Th3KrawL3R]

I do not believe that is is my responsibility. By default, I ship UPS or FEDEX. However, it was requested that I ship USPS and no insurance was requested. Also, this is a card that is not covered by warranty and therefore I will be out ~90 bucks even though the card was inspected prior to shipping.

[NleahciM]

why not at least test the card out? I doubt it's going to do damage to your computer...

[Locutus]

why not at least test the card out? I doubt it's going to do damage to your computer...

you could be right
but i wont take that chance
plus there is no need i have a new controller

[Randy2]

Wow,
I think $100 insurance through USPS is $1.50. I just read another situation like this on 2CPU, but the sender did a lousy packing job, and the items were damaged. I think the bottom line there, from many who commented, is that it should have been the sellers responsibility to include the cost of insurance in the shipping charge on an item of that much value. I mean, what if the package never made it to the destination ? Was lost or stolen ? Then the sender would have been out everything and would be expected to refund the buyer. Personally, I always put insurance on anything over $25, not because I'm worried about damage, but theft. I do it regardless of if a buyer wants it. Your not protecting the buyer, your protecting yourself.

[Tengis]

Just solder the damn thing back on, or go to an electronics place (TV repair shop?) where they know how to solder well.

Fix it.

Test it.

[ZYFER]

Th3KrawL3R, you are required as seller to offer insurance as extra, if it is not it is assumed that it is already included. if the buyer refuses insurance then they can be held responsible, so basically, you are responsible and need to refund for the controller card.

[Th3KrawL3R]

Randy2: I did send the package with signature comfirmation at no extra cost to the buyer. Also, The item was well packed in foam...not just packing peanuts.

[Randy2]

Randy2: I did send the package with signature comfirmation at no extra cost to the buyer. Also, The item was well packed in foam...not just packing peanuts.

Hey,
I'm not judging you either way - just dropping out some info here. I think I did a deal with you in the past - what was it ?

[Locutus]

Just solder the damn thing back on, or go to an electronics place (TV repair shop?) where they know how to solder well.

Fix it.

Test it.


umm
no
i should not have to

[bipolar]

From what I understand, the hd and controller were priced, in your mind at least, equally. You've paid half and have one working item. It's unfortunate the controller doesn't work, but you're not out money for it since you (I assume) did not send the remainder of the money.

If he refuses to work with you on it, leave him poor heat and let it go. He'll likely do the same to you, but one bad heat vs. 3 good ones will be much more damaging than his one bad heat against your 100 positives.

[Locutus]

i have thought of that
but i do not deal like that

i have been trading online for 4 years
i asked Th3KrawL3R if he would mind if i posted this to the forums
he said he does not mind

Now i KNOW FOR A FACT that the community is going to say its his responibilty and not mine
i told him it was not mine before this thread
he said it is mine
so i suggested this knowing that im going to be redeemed in print for all to see
im sorry it had to come to this
but there was not much i could do to make him happy
so if it gets down to where he will not budge i will send it back to him COD and leave a neutral eval
if it comes back to me because of non payment i will toss it in the trash and forget all about this

[bipolar]

I guess my point is, how much is your time worth to you? You can spend hours working on the situation to try and get some type of compensation -- let's say you two agree on a compromise of $45. If it takes 5 hours to achieve that $45 restitution, that would work out to $9/hour. Now, I don't know where you work, but that's slightly below the average wage in the US. That is, you would have come out farther ahead had you spent those 5 hours at your job, heh. (Assuming you make > $9/hour, of course).

It's unfortunate, but you're not technically out any money, so I'd find more entertaining or productive ways to spend my time if it were me.

But to each their own :)

[Jonas]

i say try it in the machine. i had an IBM 9.1GB u160 10krpm hdd that had a resistor fall off in my hand, just from taking in out of the box. worked great for 2.5 years till i sold the drive. no probs at all. guess it was not needed for anything.

[topcat989]

insurance is for the protection of the SELLER, as as for the buyer. It's ashame no insurance was bought, becuase of the described excellent packing job by seller it sounds as if insurance would have covered it. Anyways, when I sell I pack well, and if I'm not in a position to eat it if something goes wrong, i get insurance, whether the buyer wants it or not. It's the responsibility of the seller to get item DELIVERED in condition described in FS/T thread, not just shipped and "well it's outta my hands now"......the only question on seller's part is if buyer is BSing on anything, like he got item and broke it, or something like that. Baring that situation, seller needs to step up to the plate.. :o

[Mark099]

a few weeks ago i saw this thread
http://www.hardforum.com/showthread.php?t=775137

he said i should be because i did not ask for insurance
i think with this much money insurance is the responsibility of the shipper

what are your opinions??????????????

The seller is responsible for getting the stuff to the buyer in good working order. If he doesn't want to pay the extra $2 to insure it then it's his loss.

As a rule, I insure anything over $100 for full replacement value and I do it whether or not the buyer asks for it.

[Locutus]

thank you gentlemen
i have also talked to a source who shall remain unamed
this source is very highly regarded in this community
he also said what you guys have said
i will decide what to do
scott

[agentzero9]

Th3KrawL3R, you are required as seller to offer insurance as extra, if it is not it is assumed that it is already included. if the buyer refuses insurance then they can be held responsible.

^^^


This is all that needs to be said.

[Locutus]

Just got off the phone with seller
he will not budge
he wants me to get it fixed
i said no
then he wanted to give me a discount
i said no
im sending it back COD and leaving a neutral HEAT eval

[ZYFER]

from how he is acting, I don't think a neutral is enough

[Locutus]

i can not leave him a neg as the SCSI drive is in good working condition
just the controller is bad
i try to do the best i can with all deals
i feel if i left a neg it would be for the wrong reason
i rate on the product and delivery
not really how the person acts
a person can be a total dick and as long as i get what i paid for in a timely manner and packed right i dont mind the personality
plus he was not a dick about it
he did not get mad or raise his voice or threaten
he just told me what he thought
and was nice about it

[ZYFER]

leaving an eval is not just on how the item(s) were in working condition or not but also on the way it was packed and how the seller or buyer acts as well. his refusement doesn't show respect for you in my opinion, he just does not want to take responsibilty for his mistakes

[Komataguri]

The sellers attitude and willingness to deal with a situation are just as important as the items themselves.

[Mark099]

The sellers attitude and willingness to deal with a situation are just as important as the items themselves.

And especially since every trader that posted here says it's his loss. Good traders are still good traders in bad situations -- he's not!

[Locutus]

Komataguri and Mark099
I understand exactly what you are saying
my reasoning is if i leave a neg eval i will get one in return
i would rather leave a neutral and get a neutral in return
than get a neg and have it removed because it is retaliatory
and if it is neg i WILL get it removed

my point is the lesser of 2 evals is a neutral on my evals
or nothing
i would rather have the neutral because then any trader will look and see why
and know i was not at fault
i have done perfect trades up to this point and want to keep it that way

[topcat989]

i'd like to know the name of this trader and why hasn't he posted in this thread? :confused:

[Locutus]

Th3KrawL3R

and he did post 2x

his heat (http://www.heatware.com/eval.php?id=29043)

[topcat989]

Th3KrawL3R

and he did post 2x

his heat (http://www.heatware.com/eval.php?id=29043)

my goof, i was thinking of another thread :rolleyes: :p

[Th3KrawL3R]

I have already voiced my opinion about this issue and I feel there is no need to discuss this trading issue at this point because the buyer and I have already reached a settlement, at this moment.

[Locutus]

I have already voiced my opinion about this issue and I feel there is no need to discuss this trading issue at this point because the buyer and I have already reached a settlement, at this moment.

I agree lets drop the matter
we have come to an agreement
i just wanted the community to know the resolution
thanks for your time/opinion guys
we appreciate it