Ebay Item

[Baldie]

What is the name of your state? CA

About a month ago I sold a printer on ebay to a buyer in a southern state, i can't recall the state. Well it got damaged during transit with UPS. I filed a claim with UPS but I'm getting no response from them. The buyer is demanding me to reimburse him for the damaged printer. I kind of tight with money right now with my personal financial situation. Would he be able to come after me if I don't reimburse him?

 

[moburkes]

What is the name of your state? CA

About a month ago I sold a printer on ebay to a buyer in a southern state, i can't recall the state. Well it got damaged during transit with UPS. I filed a claim with UPS but I'm getting no response from them. The buyer is demanding me to reimburse him for the damaged printer. I kind of tight with money right now with my personal financial situation. Would he be able to come after me if I don't reimburse him?

Absolutely. It is your responsiblity to get the package to the buyer in the condition it was in when you sold it to him. He paid for it in good faith, and you are responsible for getting him one in like condition or refunding his money. Your financial condition is of no concern, nor should it be, to the buyer.

 

[BoredAtty]

It is your responsiblity to get the package to the buyer in the condition it was in when you sold it to him. He paid for it in good faith, and you are responsible for getting him one in like condition or refunding his money.

Actually, by default the law does not require a seller to do that unless the contract specifically states that the risk of loss does not pass to the buyer until it reaches its destination. If there is no such clause in the contract, then the risk of loss passes to the buyer when the good is in the hands of the shipper.

 

[HomeGuru]

What is the name of your state? CA

About a month ago I sold a printer on ebay to a buyer in a southern state, i can't recall the state. Well it got damaged during transit with UPS. I filed a claim with UPS but I'm getting no response from them. The buyer is demanding me to reimburse him for the damaged printer. I kind of tight with money right now with my personal financial situation. Would he be able to come after me if I don't reimburse him?

**A: does not the ebay rules tell you what to do? And how is it that you can't recall the name of a state only one month ago? You are liable.

 

[moburkes]

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[Baldie]

Here is Ebay's response to my question:

I understand that you would like to know what needs to be done if the buyer has asked for a full refund and claimed as the item has received in damage condition. I realize the importance of the situation and apologize for the frustration it may have caused to you. Please understand that the sellers are not obligated to issue a refund to the buyer if they haven't purchased the insurance for the item and itgets lost or damage in shipment process. However, seller needs to have aproof of shipment if the buyer files any dispute for it. Also, most of the sellers issue the refund as a courtesy, suggesting buyer to purchaseinsurance for future transactions. This step leads the successful transactions in future. In such situation, you have the total freedom to take the appropriate decision about issuing the refund to the buyer. If you've decided not to issue the refund, you may contact the buyer and explain them politely. Throughfriendly and open communication these issues can usually be amicably settled.

The buyer is from AL. He hasn't been hounding me about it but he has put it out there that he'll accept payments due to my financial situation. My guilt is leading me to find a way to pay him back.

 

[moburkes]

How did the seller pay? Paypal, check, money order?

 

[BoredAtty]

fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;

Delivery generally occurs when the seller gives the item to the carrier.

OP's response from eBay follows that reasoning, although I don't care for the inference that if the buyer did buy insurance, then the seller would need to provide a refund. Obviously, it would be the carrier who would refund the buyer.

 

[CraigFL]

... although I don't care for the inference that if the buyer did buy insurance, then the seller would need to provide a refund. Obviously, it would be the carrier who would refund the buyer.

I would guess it is written this way for two reasons:

1. The seller is buying the insurance so the seller would need to collect on the policy and then refund it to the buyer.

2. Just because insurance is purchased from a carrier(like UPS), it doesn't mean the insurance is valid. The seller buys insurance with the stipulation that the item is packed properly(to the carrier's specifications). If the item is not packed properly(in the case of printers, it's usually 2" of foam surrounding it), the claim will be denied. And then the carrier only warrantees the item not being damaged due to negligent handling.

 

[Baldie]

Well according to UPS, the inspection of a package with a value of $100 or less is on a case by case basis. They told me that most damaged items that are under $100 in value normally bypass the inspection process which I believe it did as teh buyer did not mention to me if UPS asked for the package. This is the first time that I've ever experienced a damaged item that I've shipped. My assumption is my responsibility for the printer ended once UPS took hold of it. According to the buyer, there was damage to the packaging but no visible damage to the printer itself. He realized it was damaged when he tried to use it. He payed via paypal and paypal said I'd have to file a claim with UPS.

UPS told me that I should be getting somethign in the mail but that was over a month ago.

 

[BoredAtty]

I would guess it is written this way for two reasons:

1. The seller is buying the insurance so the seller would need to collect on the policy and then refund it to the buyer.

That's a good point. I would have put the insurance in the buyer's name (if possible) so he can make any claims himself. Perhaps not all sellers would do that, however.

2. Just because insurance is purchased from a carrier(like UPS), it doesn't mean the insurance is valid. The seller buys insurance with the stipulation that the item is packed properly(to the carrier's specifications). If the item is not packed properly(in the case of printers, it's usually 2" of foam surrounding it), the claim will be denied. And then the carrier only warrantees the item not being damaged due to negligent handling.

The problem with this is that if the item was not packaged properly by the seller, the seller would likely be liable regardless of whether or not insurance was purchased.