Bad Ebay Purchase

[JJC107]

What is the name of your state? Michigan

I bid on a won a Honda Eu3000is generator from a private party in Saint Louis Missouri.

The generator was represented as having very little hours of use and that it would be packaged and shipped for $1560.00.

I inquired about shipping insurance and requested the seller insure the generator.

The seller used a local UPS shipping shop and provided me with a tracking number.

The generator arrived on time. I met the local UPS delivery man to help remove the unit from his truck seeing the shipping weight was 148 lbs. I instantly noticed the unit was laying on its side in the truck with the wooded skids designating the bottom of the crate on the side.

Upon opening the crate and viewing the generator it was in the condition as noted by the seller.

Now the problem...

I filled the generator with gas. I had also purchased oil but noticed the units oil was full.

When I tried to start the generator it would not. After many pulls I refered to the owners manual and proceded through the check list.

When I opened the airfilter I noticed the filter and air box was saturated with oil. After cleaning out the filter and replacing the sparkplug I was able to get the generator to run, but it was ideling very rough.

When I tried to run a minor load on it the generator would almost stall.

I called a local service shop and explained the situation. They instantly noted that it sounded like the unit had been on its side for an extended period of time. I mentioned I had just got it shipped to me with oil in it. The service shop said it should not have had oil in it. The units they order all come dry. They explained my generator would now have to be dismanteled and cleaned at $75.00 an hour.

I called a local UPS shipping shop and explained the situation. They confirmed the importance of removing all hazardess fluids. Saying removal is madatory and would cause a hub shutdown and visit from HASMAT in the event of a leak during shipping.

A couple days after compiling information I contacted the seller.

At first she was concerned and reassured me she would work it out and fix the problem. She said she had filled a shipping claim and was checking with a local service shop to gather info and compare quotes.

Her next E-mail stated that she was confused how all this could have happened and that her boyfriend had reassured her that he had drained the oil and gas from the unit. She also mentioned she remembered the shipping shop opening the gas cap. She provided me with her phone number which I have called and left a message.

That was the last I heard from her.

I have sent additional E-mail messages requesting she contact me and have provided my address and phone numbers along with the name address and phone number of my local service shop.

I would like to know what my next step should be to put some pressure on her to follow through with this.

My generator is at my local service shop scheduled to be fixed and I do not feel payment should be my responsibility.

Thank You,

Jesse ChynowethWhat is the name of your state?

 

[JETX]

My generator is at my local service shop scheduled to be fixed and I do not feel payment should be my responsibility.

Why not?
You admit yourself that "I instantly noticed the unit was laying on its side in the truck with the wooded skids designating the bottom of the crate on the side.". The minute you saw that, you should have rejected the delivery. If they had shipped it as they should, you wouldn't have ANY of these problems, even if the shipper screwed up and left the fluids in it.

 

[JJC107]

Who's at fault??

So you are saying it is my fault for not assuming the generator was shipped with oil?? I should have refused delivery on that assumption??? And if it had been on the skids when I saw it, I accepted delivery, and had the same problem beacause at some other point in the three day delivery period it spent time on its side, would it still be my fault??? And if I was not home to go out of my way and help the delivery guy, and he left it on porch as he would have, would it still be my fault for not being there to witness the unit being taken off the truck???? Come on now. Be realistic and offer some helpfull advise!!

Is it not the point that the generator was improperly preped for delivery?

If it had been properly preped as per policy it wo8uld not have been an issue if UPS delivered it upside down.

I don't know if prep is the responsibility of the shipping shop or the owner but it is certainly not mine.

 

[Zigner]

If you can't convince the seller to reimburse your costs, sue her in small claims court.

ETA: Perhaps you can offer to have the seller pay the shop directly...that way she may be more inclined to pay since she won't think you're just trying to get cash out of her. (Can't hurt to ask)

 

[JETX]

So you are saying it is my fault for not assuming the generator was shipped with oil?? I should have refused delivery on that assumption???

No. Learn to read and UNDERSTAND English. I will type s-l-0-w for you. You said
"I instantly noticed the unit was laying on its side in the truck with the wooded skids designating the bottom of the crate on the side."
That means that you KNEW it was shipped with the wrong side up. That, in itself, should have been enough for any reasonably smart person to say... "Gee... that doesn't look right!!".

In any case, do whatever you want. I don't have a dog in this fight.

 

[JJC107]

coward

I came to this site looking for some solid "legal" advice. Clearly this is not the correct place to be.

"JETX" You would be standing on the other side of the fence, out of harms way, while tossing stones at that dog. Do you feel comfortable in your safe little environment right now?? Why take personal shots at me??? Highschool must have been hard on you!!

"If" I would have known it was "shipped with oil" I would have refused it. A "reasonable smart" person would have removed the oil before shipping. "Your" position on this really makes me consider purchasing through the mail. At least everything delivered from you should be refused.

The only concern I had with it laying on its side was damage to the metal panel. It would not have been the end of the world though because I asked and paid for the seller to insure the item. Sadly shipping insuance does not cover this situation because the seller DID NOT PROPERLY PREP THE UNIT which is not the fault of UPS.

 

[onehotmom]

Even if the shipper drained all of the oil, the unit was still shipped not paying any attention to the markings "this side up"
And anyway my husband says that even if you were to drain all of the oil, all of it wouldnt come out, there would still be some left in the engine.
He also was amazed that UPS shipped it, He once worked for them and said that once an engine has oil and/or gas in it, it cannot be shipped due to DOT regulations or something.

Hope you got a good deal for all of this headache.

 

[JETX]

I wasn't going to respond further on this topic because this nitwit is clearly NOT interested in the law and only interested in trying to find some dweeb that agrees with her skewed version of the facts.... HOWEVER....

I called a local service shop and explained the situation. They instantly noted that it sounded like the unit had been on its side for an extended period of time. I mentioned I had just got it shipped to me with oil in it. The service shop said it should not have had oil in it. The units they order all come dry.

NOTHING in that thread says that shipping with the oil in it was detrimental. Only that NEW units are shipped dry. Absolutely correct.
The key here is... if it shipped with oil in it and it was shipped right side up (meaning the oil remains where it ALWAYS does... in the oil case)... no damage.

They explained my generator would now have to be dismanteled and cleaned at $75.00 an hour.

As above, nothing there that PROVES the 'cleaning' is due to the unit not being dry when shipped. Or even why the 'cleaning' is required.

I called a local UPS shipping shop and explained the situation. They confirmed the importance of removing all hazardess fluids. Saying removal is madatory and would cause a hub shutdown and visit from HASMAT in the event of a leak during shipping.

Absolutely, 110% true. However, that is a SHIPPING problem and has NOTHING to do with the OP's claim of damage.

Summary... there is NOTHING in OP's whining post that even suggests the 'cleaning' is needed due to the unit not shipping dry, much less PROVES that idiotic claim.

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