Did you engage the courier as a consumer or as a business?
They both had 100% positive feedback - but then if you actually read the feedback the comments are all negative. Turns out ebay stopped sellers leaving negative feedback for buyers - da fuck.
I remember when they made this change, there was huge uproar about it but they still went ahead with it. Should be able to give Positive, Negative and Neutral to buyers and sellers. The seller has more at stake.
consumer, private not business (it was my son's tool and he's lost interest)
OK, well you're protected by the various consumer laws then which is A Good Thing.
Looking around google (mainly the complaints are about TNT), seems the likely outcome is that the courier will refuse to pay out, citing the signature as acceptance that the goods were OK. But if you push them, and put the claim in writing with the threat of small claims court etc. you should get it settled.
The notion that a signature absolves them of responsibility is largely unenforceable (under consumer law) as their would be a myriad of requirements on them to make it reasonable (allowing reasonable time to inspect the goods, actually telling you what you're signing (doesn't mention that shit on the handhelds they all use now) etc.).
Plus plenty of other points too I imagine, like the person signing for it not being the person it's addressed to. I'm sure I've also seen from some couriers the POD you sign saying something like you can't sign for it as being not inspected.
you make some good points, how happy would a delivery driver be to wait about while you unpacked everything and checked it all over?
also, what Ant said, anyone can sign, even a neighbour, that's unlikely to be binding
<<
Terms requiring that the goods are accepted as satisfactory on
delivery, or imposing unreasonable conditions on their return.
Consumers have a right to a reasonable opportunity to examine goods
and reject them if faulty. In the case of complex goods, a reasonable
opportunity to examine means a chance to try the goods out.
Consumers cannot legally be deprived of this right by being required to
sign 'satisfaction' notes on delivery, or by being required to return
goods in a way that may not be possible – for example, in disposable
packaging that they are likely to discard after opening.
>>
From page 19 of this:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf
I'd consider a lathe to be 'complex goods', so he'd also have to wait while you turned a few table legs :D
This story has 'buyer's scam' writ large all over it. He wants a free lathe. May even be a fence who takes orders for stuff. Seems pretty fucking confident to both sign for it AND submit photos of obvious damage. Nope, this is a scam.
Here you have to note visible damage to the package when you sign, if you expect to collect anything. Otherwise the shipping co. just says it wasn't packed correctly (which is often true). Wet? Torn open? Fuggedaboutit.
well, if that's the case he has been planning it for a long time, there is no indication anywhere in his eBay feedback that he has tried anything dodgy with anyone else
and, I don't see what he could gain by smashing it up
He may have one with broken parts he intends to swap in from yours? It fell over in a wet basement? I dunno. just smells real fishy.
Perhaps you see it differently, but once a shipper accepts a package, it is their responsibility to see that it gets delivered with no damage. Ever seen package handling at a hub?
A buyer who buys an item needs to have it shipped. If bought from eBay, buyer acknowledges what the shipping terms are or can ask for alternate shipping. It doesn't matter who "picks" the shipping company, they are a contractor. As such, they were contracted to deliver a package and it is assumed that the package will be delivered damage - fee.
In the shipping and receiving business, it is the receiver of the goods who reports damage, not the shipper; it is called a bailment situation. The package was in the delivery company's care, custody and control. Once delivered, it is in the receiver's CCC. If the receiver noted no damage to a delivered package and signed for it in the presence of the deliverer as being accepted Delivered in Good Condition, the receiver accepts all loss at that point. The only exception is concealed damage, such as a box being partially crushed but the container remains otherwise intact. At that point, the receiver should either open the package in the presence of the deliverer, or sign for the package, noting damage. Same applies with a package that has burst.
This isn't that difficult, guys. Stop reading more into it than necessary, eBay be damned.
>> ~~~ Why would anyone sign for this ? ~~~ <<
Answer that, and problem solved. Does it make sense? No.
So why is the Buyer contacting the Seller?
eBay/paypal has the money so they get to make the rules
>> So why is the Buyer contacting the Seller? <<
because that is his easiest option, eBay has my money, if I don't fix this they will just give it back to him
Glad I don't buy/sell stuff through ebay.
it's usually ok, I've been using the site for over 15 years with very few issuse
>>This isn't that difficult, guys. Stop reading more into it than necessary, eBay be damned.
Point is that, under UK consumer law at least, you sign to say a package has been received, not that it's in any given condition or free from damage.
Now obviously the buyer is an asshat for signing for anything when it was clearly fucked, but I know plenty of people who could and would be pressurised into signing for it. Woudn't even be surprised if the courier tried it on saying "you're just signing to say it's received, you'll need to fill out a claim form to get it sorted".
I've also had couriers turn up at my flat door (2nd floor) with their handheld computermabob asking me to sign for stuff that they haven't even got out of the van yet "wanted to make sure you were in before I lugged it up here" is the usual excuse). I'm always doubly suspicious when they try that!
I logged into my eBay and curiously there is no mention of what happens when a package is received damaged, only mention is damaged merchandise.
I'd contact eBay via Email then call eBay and get someone on the phone, if that is possible. Regardless, the buyer's beef would have been with the shipper, but he clearly neglected to properly note damage in shipping. To me, that is a dick move if he figured he could just shove it back on you due to vague or non-existent eBay policy for Damage in Transit. I suspect they have no policy because they know at that point it is out of their control.
Having been a shipping clerk myself, I can tell you by the looks of the packaging, it was insufficiently packed for transit. If you will rise up in righteous indignation at that conclusion, then revert back to the Buyer's failing to note Transit damage and come to a conclusion there.
Good luck with it.