As I stated before I NEVER requested lower insurance. I was wrapping up a deployment in Iraq so my pockets were looking very nice. If I requested it, then prove it, if not then why accuse me of something I never said.

 

But he says he didn't, how does that change things in your opinion?

 

I have had my share of UPS nightmares, especially since they only let the shipper file the claim, so I only use FedEx Ground. They are cheaper, more dependable, and either the shipper or customer can file. I alwayd insure for at least the complete value.

 

this is a PRIVATE party sale.....
all the seller can promise you is that he will SHIP out the product in the condition promised.......the seller cannot guarantee that the product will arrive on time, as stated, or even at all.
The buyer is assuming all the risk, hence should make sure the product is insured, shipped via whatever carrier he wants, etc.

Who's to say that the buyer is rolling with the brakes right now and trying to get another $1800 out of UPS?

 

take it to a judge if you want, but even then the judge would never make the seller pay the $1800 out of pocket........

all you can really hope for is the seller is a nice guy and will help you file a claim with UPS......posting things like this doesn't help facilitate the situation....and yes I do understand it's been 3+ months, this really does suck man...but what does the seller have to lose in filing a claim with UPS? Put yourself in his shoes? I'm sure the seller wants you to get the $1800 from UPS so he can be done with this whole ordeal....
now UPS has $1800 to lose...common logic makes me think UPS is the one stalling.

hope everything works out.

 

Ok guys I'm going to get this settled for you.

SOLUTION

Let us know how it turns out.

 

Listen to this guy.
This situation really sucks. Hope UPS coughs up the dough. Good luck to you

 

your telling me, I give up 1800.00 for a product then 103.00 for shipping and handling and get 700.00 back. I'm done fighting about it and might as well just give up and settle but how would you feel? Just something to think about the next time you make an online purchase.hell I still don't even know if both brake calipers, rotors, and pads were sent seeing as the invoice quotes only one caliper and one rotor.

 

Alot of people are responding to this thread while none of us knows all the facts. That being the case, I dont think anyone other than the two parties involved should attempt to give a 'definite' answer because it's not black and white. So I'll give my opinion.

From what I've read so far this was a private party transaction, and I have not read anything about any contract or agreement being signed. So it would seem to me that the buyer purchased a product and if he does not receive the product he should not have to pay anything. The buyer did not purchase a service (shipping), the seller purchased a service (for UPS to ship to the buyer). The seller agreed to whatever UPS's policies are, not the buyer. Therefore, it is the sellers responsibility to see that the buyer receives the product, so the seller has to deal with the shipper, not the buyer. Some have responded that all the seller can do is make sure the product is shipped, they cannot guarantee that the product arrives. While this is true, it would seem to be the sellers risk and the sellers responsibility to insure it, not the buyers.

A few analogies...

If I buy furniture from Walmart and the delivery truck crashes en route, Walmart doesn't come to me and say, sorry, the truck crashed, you dont get your furniture or your money.

My company builds satellites for the US government. We subcontract out many of the subsystems like the fuel tanks. If our satellite fails due to a failure of the fuel tank, we dont tell the government to go talk to the subcontractor. We have to answer to the government and we have to go to the subcontractor and deal with them.

I know some of you will say this is different because its a private party. That actually makes things less complex. With a company, you might have to agree to certain 'terms and conditions' regarding shipping and delivery, etc. But with a private party, if there is no written or verbal contract, all the buyer is concerned with is receiving the product. A simple exchange of money for goods.

Now, I could be completely wrong. I think what really matters here is was there some sort of written or verbal contract, and what does the law say regarding these types of transactions. If I were the buyer, I would consult a lawyer and try to receive all $1900 back, not just part of it.

 

I have to agree with s2k-DC. Unless there was a contract specifying that the sale was FOB (Freight On Board) meaning that the buyer arranged the shipping and owns the product as soon as it leaves the sellers facility (hands) the seller owns it until delivered. I doubt this was the case and so the seller would own the product until it is delivered to the buyer. I bet that the seller arranged for the shipping (even if the buyer specified the shipping and is paying for it).

Now, even if the buyer did ask to lower the value to save money on customs, it is the seller who actually broke the law by doing so. He should have refused.

If I was the buyer, I would consult an attorney for advice at least.