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Troubled Dealings advice needed.

 
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  #1  
Old 01-11-2010, 03:13 PM
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Join Date: Jul 2007
Location: Lansing, MI
Posts: 184
Troubled Dealings advice needed.

I could use some input/insight on a troubled dealing Iíve got going on right now. I recently bought a rifle from a small dealer on the internet, who is in no way connected with this site. Upon receiving the rifle I took it apart for cleaning and noticed considerable surface rust in areas and made note about it not being close to the 98% it was originally rated. I contacted the seller, and showed some photos of what I found and they agreed that it was not as advertised and offered to refund me if I sent it back. The rifle was originally shipped in a hard case to my dealer for the purpose of doing a transfer. When I shipped it back, never having shipped a rifle in a hard case before, I just used the standard rifle shipping box (a re-used CMP shipping box) that meets all requirements of UPS, insured it, and sent it on itís way. Upon the dealer getting the rifle he commented that the stock was cracked at the grip. Because it was insured we put a claim in against UPS, but havenít heard much from them, and I am beginning to prepare myself for the worst and assume that they wonít offer any compensation. The dealer still has my money and has not issued a refund, and he also has the rifle. I know the dealer is upset that the stock is cracked and blames it on the lack of being shipped in a hard case. On the other hand, Iím not so sure that the crack in the wood isnít an environmental thing. I donít know what else I can do at this time. Can the dealer make me take the rifle back? I know I can't get my money back from selling the rifle in the condition it's in. Shouldnít the dealer have some sort of company insurance that takes care of damaged goods in transit? How can I get my money back and move on at this point?
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  #2  
Old 01-15-2010, 09:54 AM
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Join Date: Apr 2003
Location: North Bend, Oregon
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Re: Troubled Dealings advice needed.

The small dealer sounds very experienced to have the forethought of shipping in a hardcase. You would have ben wise to follow his lead and return it the way you received it. .Just when were you going to return the hard case anyway? I assure you the crack is not an enviromental issue. I would prepare for the the possiblility that UPS is going to deny the claim due to improper packing. Sure it was covered but not adequately protected. If you don't get a refund you are entitled to the broken rifle properly shippped back to you at your expense.
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Set him on fire and you heat him for life.

Only accurate rifles are interesting.

Gordy and Brady.
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Old 01-15-2010, 10:17 AM
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Join Date: Feb 2007
Location: Townsend, Montana.
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Re: Troubled Dealings advice needed.

I agree with Hired Gun, he is spot on. I too do not understand why , when returning something for a full refund , you would not return it in the hard case exactly as you received it?

Jeff
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Old 01-15-2010, 02:21 PM
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Join Date: Jul 2007
Location: Lansing, MI
Posts: 184
Re: Troubled Dealings advice needed.

I emailed him ahead of time and specifically mentioned that I was not shipping the hard case back and to subtract out the cost from the charge. He did not respond to that email.
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Old 01-15-2010, 02:44 PM
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Join Date: Nov 2005
Posts: 1,082
Re: Troubled Dealings advice needed.

For a stock to be cracked, the shipping box would have been severely damaged and the Dealer should not have accepted the package from UPS in that condition without inspecting the contents!

This isn't a China bowl!

This does not pass the smell test to me.

edge.
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Old 01-15-2010, 08:55 PM
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Join Date: Feb 2009
Posts: 3,538
Re: Troubled Dealings advice needed.

+1 w/hired gun and broz. In addition, a no response to your email in no way signifies sellers agreement to not ship back in original case. To be fair about it the seller should ship rifle back to you and return some of your funds to cover restoring rifle to a 98% rust free state...the cracked stock is on you.
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  #7  
Old 01-15-2010, 08:57 PM
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Re: Troubled Dealings advice needed.

How long has it been since you have talked to UPS? If it has been longer than 2 weeks call them again. They will want a picture and, or, they will send somebody to go look at the cracked rifle stock. Then they should give you a claim number and then get a letter from their insurance company. You will need a written appraisal or a comperable rifle to show them replacement cost.
I had a Unertl scope that got messed up in transit and had to stay on their butt to get reinbursed, but they did pay.
Tarey
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