Agree with: Andrewp completely, grant full request
The Contract is between Andrewp (A) and Cheardone (C). A ships to C. C is dissatsified and A agrees to have C return the merchandise for a refund. The third party FedEX (F) causes damage to the merchandise returned by C but claims it is C's fault because the packaging was poorly executed. C's claim is properly against F for the value of the damaged merchandise. C cannot claim against A because C is in breach of the modification to the original contract which requires C to return to A the same merchandise in the same condition received. The intervening cause, FedEx's damage of the merchandise, prevents full performance by C. Therefore, C must seek compensation from F. A is entitled to removal of the negative feedback and C should be prevented from leaving any feedback comment which reflects negatively on A's efforts.
Commcat (Threads | Answers | This Thread)
Agree with: Both parties have valid points, compromise
Once an item is delivered, it becomes the buyer's possession. If it was not satisfactory, Cheardone is entitled to return for a refund, and Andrewp was happy to oblige. At this point, it is Cheardone's responsibility to properly pack the item for shipping. Re-using boxes is a huge no-no... virtually guarantees a denied damage claim. Since Fedex did indeed damage the speakers, Andrewp is no longer required to refund the purchase, especially since Cheardone retained possession of the speakers.
OTOH, Andrewp should have rejected the feedback left by Cheardone if he did not agree with it. This whole dispute could've possibly been avoided by just hitting the "Reject feedback" button.
Perhaps neutral feedback for both parties is in order?
I feel bad that Cheardone got shafted by Fedex's insurance, but that's what they do... they deny claims.
Gtshelby65 (Answers | This Thread)
Agree with: Cheardone completely, grant full request
The problem here is packaging.
The original seller sent the speakers to the buyer in some sort of packaging.
Clearly that packaging would have been used to send the speakers back to the buyer. I cannot see any way the buyer is responsible for the damage, even if he sent the speakers back to the seller, as the seller was the person who created the packaging in the first place.
The seller failed to properly package the speakers in the first place, even though he claims to have said he would accept a return, the speaker damage was HIS fault. (for not packaging the speakers well enough to withstand a two way trip.
Elizabeth (Threads | Answers | This Thread)