- May 9, 2001
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background: i'm occasional ebay user for selling off computer parts that i upgraded. about 10 feedbacks, all positive.
situation: sold a combo of 2 computer components. mail by insured priority mail. box arrived really beat up. he said the stuff didn't work. since it was under $100 he didn't need insurance slip, so he took stuff to post office for refund. they denied the claim, citing poor packaging. 1 component was in the bubble wrap it originally came in. the other component was inside an anti-static bag. both bags were put inside a large priority mail box, and surround by shredded newspaper (thin line kind, not confetti), pretty tightly. and now he wants me to personally refund him the bid.
on the auction i have this disclaimer:
"All sales final; sold as is; no refunds/guarantees given."
1) would i be wrong to refer him back to that part of the auction description and say there's nothing i can/will do?
2) is there a law that obligates me to fulfill the insurance he paid for even though the post office denied the claim, despite the "as is" disclaimer? considering the packaging is called into question
3) doesn't he take on the title of the item once i give the item to the post office.
the good seller in me says to take the items back and refund the bid. but the practical seller in me says the overall loss (fees, bid, possibly junk components not worth auctioning anymore) is something i _think_ i'm protected against with the disclaimer.
opinions/advice appreciated.
thanks in advance
p.s.
what do you do to avoid problems like this? (in terms of disclaimers and shipping). how do you protect yourself as seller from any possible loss?
situation: sold a combo of 2 computer components. mail by insured priority mail. box arrived really beat up. he said the stuff didn't work. since it was under $100 he didn't need insurance slip, so he took stuff to post office for refund. they denied the claim, citing poor packaging. 1 component was in the bubble wrap it originally came in. the other component was inside an anti-static bag. both bags were put inside a large priority mail box, and surround by shredded newspaper (thin line kind, not confetti), pretty tightly. and now he wants me to personally refund him the bid.
on the auction i have this disclaimer:
"All sales final; sold as is; no refunds/guarantees given."
1) would i be wrong to refer him back to that part of the auction description and say there's nothing i can/will do?
2) is there a law that obligates me to fulfill the insurance he paid for even though the post office denied the claim, despite the "as is" disclaimer? considering the packaging is called into question
3) doesn't he take on the title of the item once i give the item to the post office.
the good seller in me says to take the items back and refund the bid. but the practical seller in me says the overall loss (fees, bid, possibly junk components not worth auctioning anymore) is something i _think_ i'm protected against with the disclaimer.
opinions/advice appreciated.
thanks in advance
p.s.
what do you do to avoid problems like this? (in terms of disclaimers and shipping). how do you protect yourself as seller from any possible loss?
