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FDP Forum / Moe's Tavern (_8^(I) / Damaged when shipped question

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Ragtop
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The older the violin

the sweeter the music.
Feb 7th, 2018 07:54 AM   Edit   Profile  

Person A sells a nice Martin to Person B, who pays via Paypal. Person A ships via FedEx and insures the guitar for 100% of the selling price.

Person B receives the guitar, then contacts Person A and complains that the box was badly damaged and that the top of the guitar has damage.

My question: if an insurance claim is to be filed, who files it? Person A or Person B?

I've thought about it and could make an argument for either, but I'm sure there's tons of precedence in a scenario like this one.

BobbyMac
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California Escapee

Don't look at me with that tone of voice
Feb 7th, 2018 08:06 AM   Edit   Profile  

I'm pretty sure the receiving party files the claim. The receiver has the item, and the shipping materials (which show damage to the parcel consistent with that to the guitar).

tahitijack
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San Clemente, CA

Happy Sunsets, tahitijack
Feb 7th, 2018 08:16 AM   Edit   Profile  

Check FedEx website or give them a call?

jefe46
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State of Jefferson

Feb 7th, 2018 08:21 AM   Edit   Profile  

The shipper of record files the claim in most cases. They paid for the shipping.

The recipient was not a part of the shipping contract as far as the carrier is concerned.

Bummer.



I am currently in a battle with UPS..
They broke one of my signs that was packed between two sheets of plywood.. They declined to even accept a claim stating that I should have packed it in "cardboard"

I threatened small claims court.. they are now accepting the claim, which is no guarantee they will pay.

mfitz804
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Staten Island, NY

Our resident rational liberal
Feb 7th, 2018 11:04 AM   Edit   Profile  

Insurance belongs to the shipper, not the recipient. As mentioned above, there is no privity between the carrier and the recipient.

Shipper has to make the claim. Recipient may be asked to cooperate in the inspection/pickup of the item.

mfitz804
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Staten Island, NY

Our resident rational liberal
Feb 7th, 2018 11:04 AM   Edit   Profile  

Insurance belongs to the shipper, not the recipient. As mentioned above, there is no privity between the carrier and the recipient.

Shipper has to make the claim. Recipient may be asked to cooperate in the inspection/pickup of the item.

johnny1111
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Maplewood, MN

Feb 7th, 2018 01:43 PM   Edit   Profile  

The above is correct.

Napman41
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Usa

Feb 7th, 2018 02:01 PM   Edit   Profile  

Keep in mind that the coverage provided by UPS-FedEX-USPS technically isn’t insurance and and claims are usually a royal PITA

rythmpyg
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Wisconsin, USA

you'll thank me in the end
Feb 7th, 2018 02:02 PM   Edit   Profile  

It can also be very helpful for the claims process if the recipient refuses delivery and/or documents pictorially the damage that occurred.

When I receive a guitar or the like, I make the driver wait until further inspection, especially if the master pack shows signs of being violated.

But, the shipper files the claim.

(This message was last edited by rythmpyg at 04:03 PM, Feb 7th, 2018)

Ragtop
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The older the violin

the sweeter the music.
Feb 7th, 2018 03:23 PM   Edit   Profile  

Ok, guys, thanks very much, very helpful.


Let the games begin.

Hammond101
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So. Cal. USA

Feb 7th, 2018 04:28 PM   Edit   Profile  

Oh man sorry to here this. Must be the guitar that was in the FDP classys.

The process will be much easier if your buyer was actually receiving the parcel in person (or an agent) and signed for the item noting damage.

I had taken my Taylor 810ce to the factory for some work and requested it be shipped back. UPS lost it for a day and I was very nervous until it arrived unharmed.

Ragtop
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The older the violin

the sweeter the music.
Feb 7th, 2018 04:48 PM   Edit   Profile  

Here's the situation:

Buyer receives guitar, but the box is battered, open at the bottom. He opens it up (later compliments me on my packing job), opens the case and finds some white stuff stuck to the top, lower bout, in an area about 3x4". He tells me he tried to remove it, but it won't come off.

I've blown the pictures up, looks to like salt or something grainy like that, except that seems to be stuck to the top. I'm pretty sure it's on top of the gloss finish.

It's a mystery, I can't explain it. Have asked him several questions, am awaiting a reply.

Yes, H101, it is my D-18VS. That top is gorgeous, and was pristine when I packed it up for shipment.

reverendrob
FDP Data Goon
Moderator

We all want

our time in hell
Feb 8th, 2018 05:37 AM   Edit   Profile  

In the event of damage to the packaging, rule #1 is to take photos and ask for clarification of what the seller wants you to do.

It'll help from the buyer's perspective if THEY have to file a claim with their payment processor if the seller isn't forthcoming and it's a problem.

Keep in mind also that the insurance etc goes back to the seller/shipper as well - not to the buyer.



Leftee
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VA

Life makes a man tired.
Feb 8th, 2018 05:41 AM   Edit   Profile  

It won’t be a fast process. But I would bet it will be satisfactorily resolved.

jefe46
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State of Jefferson

Feb 8th, 2018 07:28 AM   Edit   Profile  

Another bit of good news..

UPS will only process claims "in house" for an insured amount of $500 or less.. Over that it is reassigned to some real slick operators whose sole job and intent is to N O T pay.

I do not know if Fed Ex operates that way but I suspect they do.

There is always small claims court.

When shipping. particularly musical insrtuments.
Prior to shipping, photograph the instrument all sides and with something that designates the date some where in the photo.

Next.. photo graph every step of the packing process.
Then photograph all sides of the complete package.

This has saved me considerable grief.. to include the sign that I shipped that UPS broke in half.


(This message was last edited by jefe46 at 09:45 AM, Feb 8th, 2018)

Ragtop
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The older the violin

the sweeter the music.
Feb 8th, 2018 08:08 AM   Edit   Profile  

Good news- the buyer now says that he likes the guitar so well that he intends to keep it despite the mysterious white stuff, so I guess all is well.

Still, I would like to know what that stuff is.

jefe46
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State of Jefferson

Feb 8th, 2018 08:19 AM   Edit   Profile  

Suggestion.. don't taste it ! : )

Hammond101
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So. Cal. USA

Feb 8th, 2018 09:41 AM   Edit   Profile  

Mysterious white stuff, that is really weird. Really cool that it is resolved but what could that crap be?

I sold a Les Paul gold top a few years ago. The guitar was a 9.5 out of 10. The buyer called me the day after he received the guitar and told me there was an undisclosed dent in the back of the guitar about the size of a quarter. There were no holes in the carton or case. The dent was not there when I packed it!

My only way to explain it is that he must have dropped the guitar, damaged it, then wants to return it.

It was an Ebay deal so I didn't have much choice. I took the guitar back and resold it with a huge dent it the back.

mfitz804
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Staten Island, NY

Our resident rational liberal
Feb 8th, 2018 09:54 AM   Edit   Profile  

"Suggestion.. don't taste it ! : )"

Where's your sense of adventure????

Leftee
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VA

Life makes a man tired.
Feb 8th, 2018 10:12 AM   Edit   Profile  

I wonder if it’s road salt or some such thing.

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FDP Forum / Moe's Tavern (_8^(I) / Damaged when shipped question




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