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[scclark9]

What is the name of your state (only U.S. law)? Fl

I sold a motor,July 21, on ebay which was paid for by the ebay buyer. He paid 1100.00 for the item and 500.00 for the delivery fee. I paid an individual shipper, thru uship, to deliver this motor to the buyer in another state. The shipper picked up the motor on Aug 3. He was to deliver it by Aug.14. He failed to deliver due to a death in his family(his story). Now the buyer wants his money back. The shipper tells me he will deliver the motor sometime, he just can"t say when (he is in mourning apparently). When I contacted the shipper he said I could come pick my motor up any time which is crazy since he lives 4 hours away and don't have a way to haul a 900lb motor. Do I have a recourse? Do I have to refund all the buyer's money or can I defer the delivery fee or can I wait until this is resolved. I have never had this happen in all the years I have sold items online. I don't know who to contact. Uship has tried to resolve this but the shipper is independent and he says he hs not delivering until he is good and ready.

Thanks fro any hepl I can get.

[maximum1965]

Do you have a signed receipt where the courier picked it up? He is obligeted to bring the motor BACK to you, and to refund the money he accepted for delivering the motor at the very least.

The trouble here is PROOF. Was there an agreement in place?

[scclark9]

Hi

As far as a signed receipt, no, but he has acknowledge through multiple emails that he picked up the motor and his intent to deliver-whenever. He has also been in correspondence with uship and has acknowledged through their "arbitrator" that he picked up the motor and his intent to deliver whenever he feels like it. The buyer is furious and threatening to sue me. If the shipper decides to deliver sometime in the near future, then what? How long does someone have to deliver something before the buyer can say "I dont want it". Can the buyer refuse to accept? Am I still liable then? This shipper had an terrific record and uship came highly recommended for shipping heavy bulky items. I never would have imagined this. If you have any answers I would be greatful.

[maximum1965]

First thing, Keep ALL communication with him. Don't even bither with the phone IMO because then it becomes hearsay. Try to keep everything in writing.

If this is going through Uship, and they hired this guy to do the job, then THEY should be stepping in to make things right. Since they are an ebay compatible shipper, and carry the right the right to put the ebay logo on their site as such, then ebay should probably be notified as well. There should be some link within the pages to notify of issues with third party partners there.

From what I understand, in Maryland you would ultimately not be responsible, as this delivery guy picked up the motor and acknowledges as such. The first thing HE should have done was to notify Uship that he could not deliver, who then should have sent someone over to pick the motor up and deliver it to its rightful owner. I haven't read over their policy, but if it were me, I would not be so worried. I realize that you have an unhappy buyer, and it isn't going to do much for your feedback on ebay, if that is a concern, but you have documentation on your side here, it seems.

Have you tried offering the proof (copies) to the buyer? Especially the pickup receipt and the emails. If this fails to get him off your back as far as the failed delivery date goes, then it's likely HE'S unreasonable as well.

If all holds true, then you've met your obligation and responsibility falls into the lap of the delivery company.