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  Knight_d vs Lec1989: Seller reports problem with sale
Problem: Seller reports problem with sale
03-05-2009: Knight_d initiated process
03-06-2009: Lec1989 submitted response

Knight_d describes the events as follows:
Buyer incurred a customs brokerage charge and wants me to pay for it. I did not agree to paying any customs brokerage charges. Buyer believes because he put down "$1025 delivered" it means that the seller is to pay the brokerage fees. No where in our email trails do I agree to paying a customs brokerage fee. Buyer has filled a dispute (March 4th) with paypal to claim the $25 brokerage charge.

Knight_d is requesting the following resultion:
Buyer will close dispute on Paypal and will pursue this matter no further.




Lec1989 describes the events as follows:
We made a deal for $1025 delivered, and seller said he will use purolator as shipping company, and he even said he will put it down as gift to avoid the import duty.

I have had several deal with Canadian and never had any problem. So I thought it should be fine. When I received the unit, it comes via UPS, and I didn't worry too much since the unit is here.

I tested the unit and it works ok except the battery on the remote was completely dead and look old, the battery expired June(July?) 2002 as stated, so I emailed him and tease 'you could have give me a better battery in case the old battery leaks inside the remote', he didn't response to that email, no big deal, I left him good feedback anyway.

Then 2 weeks later, I got a letter from UPS telling I owe them $24.25 'entry prep fee', I called UPS up and they told me the seller didn't specify he will pay for that, so it will fall into my shoulder.

So I emailed the seller and try to resolve, he wasn't coopreate and to a point I think it is not worth to argue for $25 over my time, so I told him we split it and be done with it.

Then again he didn't reply that email, and I emailed him days later and he didn't reply too. So I went ahead and file for paypal dispute even I know that the chance of getting the $25 back is slim, but I don't appreciate the way he handle the transaction by simply ignoring people.



Lec1989's proposed resolution:
Open to audiogon suggetion or audiogon members' input.




Knight_d's rebuttal:
We have talked about this matter over many emails. I told the buyer many times that I did not tell him anywhere that I would pay for the brokerage charge. The buyer will not listen to my reasoning, so there was nothing I could do. He even said he didn't want to waste time over
$25, so why is he pursuing the matter and wasting my time and his own? I don't know why he included the other information but the issue that we are disputing is the brokerage charge of $25. The fact remains I did not agree and nowhere has he proven that I agreed to paying this brokerage charge. He does not seem to understand that the buyer is usually responsible for customs and customs related charges unless otherwise negotiated.




As of 03-09-2009, Audiogon is requesting input from members regarding this dispute.
Audiogon  (Threads | Answers | This Thread)

03-09-09
  Responses (1-15 of 15)
Click title to read one, or click date to read all below it.

03-09-09   agree with: Knight_d completely, grant full request paying ...   Gtshelby65

03-09-09   agree with: Knight_d completely, grant full request agree ...   Elizabeth

03-09-09   agree with: Knight_d completely, grant full request i unde ...   Roxy54

03-10-09   agree with: Lec1989 completely, grant full request when a ...   Chashas1

03-10-09   agree with: Lec1989 completely, grant full request buyer s ...   Music_at_work

03-10-09   agree with: Knight_d completely, grant full request seller ...   Lamcam

03-10-09   agree with: Knight_d somewhat, grant partial request witho ...   Chris_383

03-11-09   agree with: Knight_d completely, grant full request   David99

03-11-09   agree with: Knight_d completely, grant full request   Kbamhi

03-11-09   agree with: Knight_d somewhat, grant partial request once ...   Alextychkin

03-11-09   agree with: Lec1989 completely, grant full request if the ...   Viridian

03-13-09   agree with: Knight_d completely, grant full request the bu ...   Kjlooks4toys

03-14-09   agree with: Lec1989 completely, grant full request the sel ...   Srwooten

03-15-09   agree with: Knight_d completely, grant full request twenty ...   Has2be

03-16-09: Audiogon
Agree with: Both parties have valid points, compromise

Audiogon would like to thank all of the members for their time and input.

Audiogon finds in favor of compromise: If the Seller did indicate he would use Purolator (A shipping company which absorbs Customs Brokerage between the US and Canada) he is responsible for the fees as UPS was used. Otherwise, the Buyer is responsible for the fees.

In general, Audiogon's position is that in international transactions, duties and taxes are either the Buyer's responsibility, or the Buyer is responsible for specifically addressing the exact dollar amount during negotiations. It is unrealistic to expect a seller to find or estimate duties or taxes charged by a buyer's country with likely the internet as his/her only resource. Whereas, the Buyer would have access to people and places where he/she could find this information quickly and easily (Post office, etc.).

However, in this particular transaction, the Buyer's contention could be that the Seller mentioned using a shipper other than the one actually used. The fee being contested here does NOT seem to be duties or taxes, but a fee charged by the shipping carrier for "customs brokerage". IF the Seller did specify using Purolator (a shipper that does not charge customs brokerage between U.S. and Canada) as part of negotiations, THEN the Seller is responsible for the added fees since he opted to use UPS.

Audiogon Dispute Staff

Audiogon  (Threads | Answers | This Thread)



  Closed for Input
Only the two Disputants may post now

This thread is no longer accepting general input.
Only the two disputants may post their follow ups about resolution.
  Post your response
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