Who's responsible??

London-SS · 01-18-2013, 06:10 AM

Ok guys,need some urgent advice.

I bought some RS headlights off a forum member a few weeks ago. The seller was to send the lights to an address in the U.S (My cousin's offices in an industrial area)

UPS claim to have delivered the lights to the address I provided.

However,there was no UPS delivery made to our offices on that day. The name on the proof of delivery provided by UPS is not known to us.

I assuming the seller did not insure the package as I have emailed him several times asking but have had no reply in regards to insurance.

My question is,who would be responsible for the loss in this case?

UPS? The seller? Or me??

This was the first time I made a purchase on the forum so not sure what to do next.

Thanks

mel0629 · 01-18-2013, 06:15 AM

Sorry to hear whats going on....I believe if you dont get in touch with the seller than its you that is out of luck, you have to keep pushing on the seller keep calling or emailing.
hope it all works out.

London-SS · 01-18-2013, 06:22 AM

Thanks for your response Mel. Just to clarify,the seller is responding to emails just not getting an answer if the package was insured or not.

Kahdir · 01-18-2013, 06:23 AM

Without insurance, not UPS...

I recommend having the sender file a trace with UPS. It could take week or more, but it has the driver retrace his/her steps... the driver may have accidentally mixed the package in with a delivery for another customer within the industrial park.

Best of luck.

AdamZ · 01-18-2013, 06:24 AM

1. Verify the seller got the address correct. (this could have been a scam where they sell you something, send a bogus package to a friend and they sign for it, then the package never shows up to you so it looks like it's delivered to the wrong person. Therefor taking responsibility off the seller)

2. Verify with UPS that the package was delivered to the correct address.

3. Call the police and file a police report. If someone signed for a package and took delivery of it then they can be prosecuted. They can trace the name given at delivery (if it is a real name).

4. Hopefully, since it is an industrial area, the package was just delivered to one of the surrounding buildings by mistake.

Oh, UPS does not offer insurance. They just refund what it is worth if they lost it.

2011ss/rs · 01-18-2013, 06:28 AM

I agree if you don't push you will be the one out of luck. Contact UPS who was the carrier and dump it right back in their lap their employee delivered it to the wrong person as long as the seller addressed it correctly.
If the address was correct on the package you need to make a claim with UPS and make them find it.
UPS delivered a Flat screen TV to a home instead of the hotel/casino I once worked at they went to the home and got it back but we had to file a claim first.

Do you have the tracking number for the package? If you do go to PACKTRACK.Com enter the info and carrier and hit track.

tramtwo · 01-18-2013, 06:48 AM

A "responsible" seller would refund your money and file claim with ups.
With UPS a value has to be assigned to package.

If the seller balks at a refund use whatever mechanism you have to dispute charge. It is not your responsibility to figure out what happened.

Also don't be so quick to blame UPS.... literally anything could have happened.... ask me how I know.

tramtwo posted this on the go

hrpiii · 01-18-2013, 06:56 AM

Quote:

Originally Posted by Kahdir

Without insurance, not UPS...

I recommend having the sender file a trace with UPS. It could take week or more, but it has the driver retrace his/her steps... the driver may have accidentally mixed the package in with a delivery for another customer within the industrial park.

Best of luck.

Do This.

I had a box of Protein and other supplements dropped off at a funneral home. It was supposed to be delivered to my work. The funneral home called to let me know I had a box there. I immediately knew UPS driver screwed up.

tramtwo · 01-18-2013, 07:07 AM

Quote:

Originally Posted by hrpiii

Do This.

I had a box of Protein and other supplements dropped off at a funneral home. It was supposed to be delivered to my work. The funneral home called to let me know I had a box there. I immediately knew UPS driver screwed up.

I've never signed for anything that wasn't mine. You?

tramtwo posted this on the go

GnyaTek · 01-18-2013, 07:56 AM

Quote:

Originally Posted by tramtwo

A "responsible" seller would refund your money and file claim with ups.
With UPS a value has to be assigned to package.

If the seller balks at a refund use whatever mechanism you have to dispute charge. It is not your responsibility to figure out what happened.

Also don't be so quick to blame UPS.... literally anything could have happened.... ask me how I know.

tramtwo posted this on the go

Somewhat disagree here, provided the seller sent to the address that was provided and followed the buyer's shipping request.

If the seller followed the buyer's request, why should the seller refund? (this is an individual, not a company). From the seller's perspective, if they did things correctly, one of a few things occured:
1) UPS screwed up
2) receiver stateside screwed up
3) buyer scamming seller

From the seller's perspective, none of these things are the seller's responsibility and since they are not a business that takes the loss somewhat in stride, why would they refund?

I am in no way saying that either party in this is scamming the other, the above was just to illustrate for all, including the buyer, what might be going on in the seller's mind.

The seller should assist in tracking the UPS shipment, and if UPS lost or misdelivered it, should be help responsible (and generally does a good job on that end). It sounds as if the seller is trying to assist at this point based on the OP's comments.

I hate to say it ... but I agree with AdamZ's suggestion as to steps to take.

hysonmb · 01-18-2013, 08:03 AM

Depending on how much you spent, UPS automatically insures up to a certain amount. I think it's $100 but could be more.
If UPS delivered to the wrong address, that's on them.
If the seller provided the wrong address, that's on the seller.

LIVEVIL · 01-18-2013, 08:35 AM

Quote:

A "responsible" seller would refund your money and file claim with ups.
With UPS a value has to be assigned to package.

If the seller balks at a refund use whatever mechanism you have to dispute charge. It is not your responsibility to figure out what happened.

And at the same time, it's not the seller's responsibility to figure out what happened to a package he sent to the correct address and got delivered there as promised.

So what's there to dispute? Sure the seller is responsible for sending him the goods as agreed upon, but once the package is with the shipper it's basically out of the seller's hands. He has done all he can (provided he sent it to the right address) at this point. What UPS decides to do with the package is solely in UPS's hands.

Yes the buyer has a case here that he hasn't "received" the item yet, but the same goes for the seller...he has proof that he shipped the item and that the item was "delivered" at the correct address. What happens to the item from that point is in no means his responsibilty.

What would prevent the buyer from signing the UPS box as a random name, keep the item then claim that he never received the item?

Sir Nuke · 01-18-2013, 08:44 AM

On top of everything else stated......and if you used PayPal, yuou have another avenue to persue. if you have their insurance plan.

The Stig · 01-18-2013, 08:56 AM

Quote:

Originally Posted by Sir Nuke

On top of everything else stated......and if you used PayPal, yuou have another avenue to persue. if you have their insurance plan.

pretty sure paypal always offers "buyer insurance"

01-18-2013, 06:10 AM	#1
London-SS Drives: 2010 Chevy Camaro 2SS/RS Join Date: Nov 2012 Location: London-Dubai Posts: 203	Who's responsible?? Ok guys,need some urgent advice. I bought some RS headlights off a forum member a few weeks ago. The seller was to send the lights to an address in the U.S (My cousin's offices in an industrial area) UPS claim to have delivered the lights to the address I provided. However,there was no UPS delivery made to our offices on that day. The name on the proof of delivery provided by UPS is not known to us. I assuming the seller did not insure the package as I have emailed him several times asking but have had no reply in regards to insurance. My question is,who would be responsible for the loss in this case? UPS? The seller? Or me?? This was the first time I made a purchase on the forum so not sure what to do next. Thanks

01-18-2013, 06:23 AM	#4
Kahdir Drives: 2010 Chevrolet Camaro 2SS/RS Join Date: Aug 2008 Location: PA Posts: 2,178 View My Garage	Without insurance, not UPS... I recommend having the sender file a trace with UPS. It could take week or more, but it has the driver retrace his/her steps... the driver may have accidentally mixed the package in with a delivery for another customer within the industrial park. Best of luck. __________________ SEPA5.COM – South East Pennsylvania Camaro Owners

01-18-2013, 06:28 AM	#6
2011ss/rs Drives: 11 ss/rs RJT w/Black Cherry stripes Join Date: Sep 2010 Location: Little Egg Harbor New Jersey Posts: 2,181 View My Garage	I agree if you don't push you will be the one out of luck. Contact UPS who was the carrier and dump it right back in their lap their employee delivered it to the wrong person as long as the seller addressed it correctly. If the address was correct on the package you need to make a claim with UPS and make them find it. UPS delivered a Flat screen TV to a home instead of the hotel/casino I once worked at they went to the home and got it back but we had to file a claim first. Do you have the tracking number for the package? If you do go to PACKTRACK.Com enter the info and carrier and hit track. __________________

01-18-2013, 08:44 AM	#13
Sir Nuke Master of All Things Drives: '26 Corvette Stingray Join Date: Jul 2009 Location: Southeast of Houston, Texas Posts: 22,691 View My Garage	On top of everything else stated......and if you used PayPal, yuou have another avenue to persue. if you have their insurance plan. __________________

01-18-2013, 06:15 AM	#2
mel0629 Black Madness Drives: Black 2012 1LT/RS Join Date: Oct 2011 Location: Downingtown,Pa Posts: 116 View My Garage	Sorry to hear whats going on....I believe if you dont get in touch with the seller than its you that is out of luck, you have to keep pushing on the seller keep calling or emailing. hope it all works out.

01-18-2013, 06:22 AM	#3
London-SS Drives: 2010 Chevy Camaro 2SS/RS Join Date: Nov 2012 Location: London-Dubai Posts: 203	Thanks for your response Mel. Just to clarify,the seller is responding to emails just not getting an answer if the package was insured or not.

01-18-2013, 06:24 AM	#5
AdamZ Account Suspended Drives: Eve - 2011 Camaro 2SS/RS Join Date: Apr 2012 Location: Fairfield, OH Posts: 11,814	1. Verify the seller got the address correct. (this could have been a scam where they sell you something, send a bogus package to a friend and they sign for it, then the package never shows up to you so it looks like it's delivered to the wrong person. Therefor taking responsibility off the seller) 2. Verify with UPS that the package was delivered to the correct address. 3. Call the police and file a police report. If someone signed for a package and took delivery of it then they can be prosecuted. They can trace the name given at delivery (if it is a real name). 4. Hopefully, since it is an industrial area, the package was just delivered to one of the surrounding buildings by mistake. Oh, UPS does not offer insurance. They just refund what it is worth if they lost it.

01-18-2013, 06:48 AM	#7
tramtwo Drives: 2021 1LE Join Date: Jul 2011 Location: N'Awlinz Posts: 6,315	A "responsible" seller would refund your money and file claim with ups. With UPS a value has to be assigned to package. If the seller balks at a refund use whatever mechanism you have to dispute charge. It is not your responsibility to figure out what happened. Also don't be so quick to blame UPS.... literally anything could have happened.... ask me how I know. tramtwo posted this on the go

01-18-2013, 08:03 AM	#11
hysonmb Drives: 2010 2SS / RS Join Date: Feb 2011 Location: Waldorf, MD Posts: 227 View My Garage	Depending on how much you spent, UPS automatically insures up to a certain amount. I think it's $100 but could be more. If UPS delivered to the wrong address, that's on them. If the seller provided the wrong address, that's on the seller.