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Just received Mac Pro - Case damaged

upsguy27 said:
Not yet. Still waiting for UPS to respond to my claim. They said they would Monday. I also filed a dispute with PayPal, just in case.
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You are in a tough situation, and it looks like you are gonna have to fight hard.

I'm no lawyer, but I think it might come down to who is ULTIMATELY responsible. In this case, the seller is responsible to get the item delivered in the described condition. UPS, eBay, and Paypal are agents of the seller--not the buyer. You did not contract UPS, eBay, and PayPal to get the computer to your doorstep. The seller did. If I were you, I would hold the seller responsible, including going after UPS.

IMO, the seller will have the right to either ask you to return the item for full refund or the seller may be liable for ALL potential damages arising from current and future claims. Given that you insist on keeping what should have been a "bargain", you'll want to start getting inspections and estimates for how much you want to seller to pay for damage. It's up to the seller then to decide: well, do I want to pay out of pocket or get jerked around by UPS, eBay, and Paypal for days or weeks to come? And worse, I might get a Small Claims Court judgment against me if I don't pay and the judge thinks my poor packaging is at fault, hence voiding UPS liability...

My 2 cents: Continue to pursue all the venues provided for buyer's grievance by eBay/PalPal/UPS. But lay the ultimate responsibility on the seller. You also need to get official estimates for repair in writing in the unlikely event that the seller agrees to pay (whether he pays out of pocket or via insurance coverage).

Simply put, you have a claim against the seller:mad:, and the seller has a claim against UPS;). You should have eBay and PayPal (whatever that's worth these days:()on your side to force the seller to do the right thing . Be prepared to let go that "bargain" of yours.

Lastly, don't know what your budget is, but Apple's refurb goes for $2400.

Best luck out there!
 
Just an update - the seller received the papers for the claim from UPS Saturday, and he submitted the claim that day with a request of $300 to cover the repair costs. If UPS doesn't come through with it (I doubt they will - I can't prove that I didn't just damage the case and claim it was them - I didn't by the way ;)), then I will request a refund from the seller, and just buy another computer. I'm getting sick of all of this.
 
I hate UPS. I watched as a driver throw a $1200 synthesizer I had bought on the ground while screaming and cursing. He was obviously having a bad day.

When the syth was DOA they said I must have damaged it. Then they said the seller was lying and that somehow they KNEW it was broken before it was shipped.

The way UPS treats it customers and their packages is just unacceptable.
 
synth3tik said:
I hate UPS. I watched as a driver throw a $1200 synthesizer I had bought on the ground while screaming and cursing. He was obviously having a bad day.

When the syth was DOA they said I must have damaged it. Then they said the seller was lying and that somehow they KNEW it was broken before it was shipped.

The way UPS treats it customers and their packages is just unacceptable.
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Yeah, I'm just realizing that now, of course now I can't change my username from "upsguy" :(
 
Theres nothing wrong with UPS. My dad owns a UPS store, and when we are putting the item into the system, it asks for who packaged it: Customer or the UPS center. I'm saying if UPS finds out that the seller packaged it, then there could be a claim against the seller, if UPS Store packaged it, then they'd pay for it. Easy as that, talk to the nearest UPS Hub near you to see who packaged it, maybe they can't release it..maybe they can. if you PM me the tracking number, maybe i can find out who packaged it..well in this case, my brother/dad.
 
fireshot91 said:
Theres nothing wrong with UPS. My dad owns a UPS store, and when we are putting the item into the system, it asks for who packaged it: Customer or the UPS center. I'm saying if UPS finds out that the seller packaged it, then there could be a claim against the seller, if UPS Store packaged it, then they'd pay for it. Easy as that, talk to the nearest UPS Hub near you to see who packaged it, maybe they can't release it..maybe they can. if you PM me the tracking number, maybe i can find out who packaged it..well in this case, my brother/dad.
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PM sent.
 
upsguy27 said:
Yeah, but the thing is, I want to keep the Mac Pro, because it was such a good deal (like I've said in previous posts) So I would be fine with UPS refunding money to pay for a new case, if they do it, which I don't see why they wouldn't, because it was insured.
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I've never seen UPS provide a partial refund. In my experience, it's all or nothing... and if they provide an insurance pay-out, they take possession of the damaged goods.

ObaMaciden said:
UPS, eBay, and Paypal are agents of the seller--not the buyer. You did not contract UPS, eBay, and PayPal to get the computer to your doorstep. The seller did. If I were you, I would hold the seller responsible, including going after UPS.
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Exactly -- you have no standing with UPS, as you are simply the recipient. As for PayPal -- good luck with those clowns... they provided the number of one of my credit cards to someone in Ireland, then congratulated me on opening a new eBay account in Ireland, then refused to tell me which credit card number they handed out "accidentally", as it could potentially compromise the security of my PayPal account. (It's so much fun to cancel four credit cards in one day.)

Hopefully, you paid PayPal through a credit card, which is actually where I'd file a complaint -- especially if it was an Amex you used (they go to bat for you big-time). If you didn't use a credit card, hopefully, the auction was listed as PayPal "Buyer Protected" -- but that may only cover the funds up to $1,000. (As someone who cleared ~$12,000 in less than a year, selling old car stuff and Mac hardware on eBay, I can say it with supreme confidence that eBay/PayPal is a terrible company, just slightly above a pyramid scheme.)
 
mustang_dvs said:
I've never seen UPS provide a partial refund. In my experience, it's all or nothing... and if they provide an insurance pay-out, they take possession of the damaged goods.



Hopefully, you paid PayPal through a credit card, which is actually where I'd file a complaint -- especially if it was an Amex you used (they go to bat for you big-time). If you didn't use a credit card, hopefully, the auction was listed as PayPal "Buyer Protected" -- but that may only cover the funds up to $1,000. (As someone who cleared ~$12,000 in less than a year, selling old car stuff and Mac hardware on eBay, I can say it with supreme confidence that eBay/PayPal is a terrible company, just slightly above a pyramid scheme.)
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When you say paid through a credit card... do you mean like funded PayPal through a credit card to pay for the computer? If so, then no, I got all of the money for it by selling things on eBay. At this point I might as well take a full refund, and go with a different computer.
 
tom. said:
I heard from the buyer straight away and seeked advice from a seller POV from ebay. They said the item is my responsibility to get to the buyer in the condition stated in the listing....

Ebay is heavily buyer oriented in this situation and I can see why.
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I assume that depends on where you live. In Germany an item sold by a non-professional seller is in the possesion of the buyer the moment it is shipped.
The seller, having made the shipping contract, will still have to make the claims if there is damage due to transportation, but if there is no refund from the shipping company, then that's where his responsibility ends.

Afaik, Ebay rules have nothing to do with actual law in most respects, in particular when shipping is involved.
 
fireshot91 said:
Theres nothing wrong with UPS.
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This is not meant to be a personal attack on your family. From what I understand, UPS Stores are individually operated, though most people think they are the equivalent of "corporate stores", i.e., directly run by UPS.

We have a business account with negotiated discounts at UPS. When our vendors/customers go to drop off shipments at UPS Stores, they don't honor the pre-negotiated discounts, nor help them fill out waybills that would simply bill our UPS account. That means we end up receiving shipments having to pay full retail price. And these "UPS Stores" often pick the most expensive retail rates for such shipments, as the shipper does not have to pay.:mad:

With DHL soon to shut down its US domestic operation, there will be less competition for UPS. I expect the quality of overall service to go down further.:eek:
 
Hmm. Still waiting on the claim from UPS, but now I'm thinking that I should just get a full refund on the Mac Pro. The DVD drive, I discovered today, is dead. It takes a disc, thinks for a while, and then spits it back out. I have a cheap crappy drive in there now, just to be able to read CDs at least. I'm worried that something else will eventually die. Thoughts?
 
upsguy27 said:
Hmm. Still waiting on the claim from UPS, but now I'm thinking that I should just get a full refund on the Mac Pro. The DVD drive, I discovered today, is dead. It takes a disc, thinks for a while, and then spits it back out. I have a cheap crappy drive in there now, just to be able to read CDs at least. I'm worried that something else will eventually die. Thoughts?
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yeah I would strongly advise against the item and have it returned for a full refund for this disaster.
Dispute it with ebay and paypal if it helps any and the seller is unwilling to assist.

From my dealings with UPS Claims...its ridiculous and a waste of time; theyll take weeks for anything to resolve and they only gave me a portion of the claim i put on the shipped item.
And it wasnt worth it in the end..so i just suggest taking it through the seller and ebay/paypal. (even though ebay/paypal ill no longer use from that exact situation dealing with UPS...kind of made me think twice)
 
Catch Them said:
yeah I would strongly advise against the item and have it returned for a full refund for this disaster.
Dispute it with ebay and paypal if it helps any and the seller is unwilling to assist.

From my dealings with UPS Claims...its ridiculous and a waste of time; theyll take weeks for anything to resolve and they only gave me a portion of the claim i put on the shipped item.
And it wasnt worth it in the end..so i just suggest taking it through the seller and ebay/paypal. (even though ebay/paypal ill no longer use from that exact situation dealing with UPS...kind of made me think twice)
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I just sent a message to the seller saying that I would like a full refund. We'll see what he says.
 
upsguy27 said:
I just sent a message to the seller saying that I would like a full refund. We'll see what he says.
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goodluck, make sure the emails go through ebay/paypal too, so its documented on their end.

sorry to hear about this situation. again goodluck.
 
Catch Them said:
goodluck, make sure the emails go through ebay/paypal too, so its documented on their end.

sorry to hear about this situation. again goodluck.
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He responded with this:

The hard drives are designed to handle anything that might have
happened during shipping without being damaged. And if they
were to have any issues down the road (as they could in any
computer) , they'd be covered by the manufacturer's warranty
(usually 5 years). Since you've already been using the computer,
I'd really prefer to get you the new case and superdrive and
leave you with the rock solid mac pro you wanted. I'll even give
you a personal guarantee that if anything else fails within the
next month, I'll take the whole thing back for the full refund. If
that sounds fair, I'll send you the $350 through paypal so you
can get the machine fixed up asap. Let me know.

Hmm. What should I do?
 
that seems extremely reasonable, I'd do it, why not right?

only thing is you can't file a claim after like 60 days of the original transaction so just something to keep in mind.
 
upsguy27 said:
He responded with this:

The hard drives are designed to handle anything that might have
happened during shipping without being damaged. And if they
were to have any issues down the road (as they could in any
computer) , they'd be covered by the manufacturer's warranty
(usually 5 years). Since you've already been using the computer,
I'd really prefer to get you the new case and superdrive and
leave you with the rock solid mac pro you wanted. I'll even give
you a personal guarantee that if anything else fails within the
next month, I'll take the whole thing back for the full refund. If
that sounds fair, I'll send you the $350 through paypal so you
can get the machine fixed up asap. Let me know.

Hmm. What should I do?
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At this point, it's better than nothing. :eek: You'd have to do the work yourself, as the case + shipping would eat nearly every cent. :p

BTW, how would this fit with PayPal/eBay? :confused:
I don't know what their policies are on this. :eek:
 
techlover828 said:
that seems extremely reasonable, I'd do it, why not right?

only thing is you can't file a claim after like 60 days of the original transaction so just something to keep in mind.
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nanofrog said:
At this point, it's better than nothing. :eek: You'd have to do the work yourself, as the case + shipping would eat nearly every cent. :p

BTW, how would this fit with PayPal/eBay? :confused:
I don't know what their policies are on this. :eek:
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It does, but the thing is, and this is completely unrelated and bad that I want to take advantage of the damage to do this, is that I sorta kinda teensy weensy want to go back to an iMac. Getting a Mac Pro was, admittedly, probably not my best decision. I don't have the money to upgrade the Video Card (which I need to) or to buy a monitor (which I REALLY need to) and the $350 would go to a case and DVD drive. And I won't be getting any money in the near future. And, that's partly why I want the refund. So. Yeah.
 
upsguy27 said:
But would that require me to return the Mac Pro? Stupid question, I know, but this is the only Mac Pro I've seen in a month go for under $1600, which is all the money I have to spend on a computer.
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As a UPS shipper, something is not right. Considering the size and weight of the Mac Pro, I can not see it only costing $35.00 to ship, especially if the seller put the actual value of the Mac Pro on the shipping waybill! ($1,600). The first $100 of the value to ship is free, after that the insurance fees go up accordingly.

My Alum 24" iMac cost more than $35.00 to be shipped to me.

Sorry for the damage, hope it all works out for you!
 
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