Am I Right?

Okay, legally I pretty sure I'm in the right here. But I thought I should get the opinion of you guys before I post anything here. I bought a handmade item from the wife of a knifemaker; the knifemaker was involved and continues to be involved in the transaction. My question is whether I should post about them here.

The item was broken in shipment due, I believe, to inadequate packaging. It was made of glass and the box didn't even have a Fragile sticker on it.

The maker of the item insured the item for its full value, and now says she will refund my money only when/if the post office reimburses her. The knifemaker supports this. Fixing the item or providing a replacement isn't an option; it was for my wife's birthday and it wouldn't be done on time.

My contention is that my contract with the maker shouldn't be contingent upon her receiving the money from the post office, since the insurance contract is between her and the post office and does not involve me. There are only two possible outcomes of the insurance contract; either the post office will take responsibility and reimburse her or they will determine that the breakage was her fault and not reimburse her. Either way, I don't think I should be liable. At this time she has my money and I have nothing.

What do you all think?

Ryan


------------------
For the wages of sin is death; but the gift of God is eternal life through Jesus Christ our Lord.

Romans 6:23


 
L

lifter4Him

Feedback: +0 / =0 / -0
Joined
Sep 30, 1999
Messages
4,229
you shouldnt have to wait. The insurance is between her and the post office. Give them one more try to be professional and fair-and if they dont come through, let us know who they are.
Just my .02.

------------------
Dave (Phil.4:13)
I Can Do All Things Through Him Who Strengthens Me
 
They should refund you in full immediately, and file their complaint with USPS (or whoever their carrier is) independently of you. In fact, they should be kindly requesting that you vouch for the facts for the purposes of their reimbursement from USPS (a process which may take well over a month, IIRC, according to at least one prior situation posted here in GBU).

Sounds like they're making you carry the burden of the problem here, when you are the one party that had nothing to do with it. If they don't refund you promptly, please do post his/her/their names here -- I, for one, wouldn't want to do business with them if they can't treat customers respectfully.

Glen
 
Lifter, they've made it very clear to me that any refund they send me is going to be contingent upon what they get from the post office.

Glen, you're right, that's exactly what they're trying to do. Unfortuneately, since they're in another state it's going to be difficult to recover anything. I guess I'll just have to hope that the Post Office pays on the insurance, even though my reimbursement shouldn't have anything to do with that.

I'll start another thread about this to warn you all.

Ryan

------------------
For the wages of sin is death; but the gift of God is eternal life through Jesus Christ our Lord.

Romans 6:23


 
Originally posted by Ryan Meyering:
My contention is that my contract with the maker shouldn't be contingent upon her receiving the money from the post office, since the insurance contract is between her and the post office and does not involve me. There are only two possible outcomes of the insurance contract; either the post office will take responsibility and reimburse her or they will determine that the breakage was her fault and not reimburse her. Either way, I don't think I should be liable. At this time she has my money and I have nothing.

What do you all think?
Click to expand...

I think that you have a good grasp on the realities of the situation and need to contact the postal authorities.



------------------
James Segura
San Francisco, CA
 
Originally posted by stjames:
I think that you have a good grasp on the realities of the situation and need to contact the postal authorities.
Click to expand...

The only problem I can see there is proving outright fraud; don't I have to show that from the beginning of the transaction their intention was to defraud me? I don't think I can do that.

Ryan

------------------
For the wages of sin is death; but the gift of God is eternal life through Jesus Christ our Lord.

Romans 6:23


 
Ryan,

I agree with Lifter and Glen; they should give you your money back.

The problem is between them and the carrier.

It is not your place to contact the postal authorities.


------------------
RICK - Left Handers Unite
 
Hey all. Go to their link in Ryan's other thread and email them that you're aware of the situation. Perhaps if they realize it could cost them sales and reputation, they'll do the right thing.

------------------
Dave (Phil.4:13)
I Can Do All Things Through Him Who Strengthens Me
 
Thanks for the heads-up, Lifter -- I will do so.

Ryan -- you CAN contact the Postal Authorities if they do NOT refund you in full. You paid for a product which they have not delivered. I believe they have 30 days to rectify the situation, but you can check with the PO.

These kinds of situations are always lousy because they sour an otherwise friendly, honorable community. Sorry you have to deal with this. And thanks for letting us know.

Glen
 
Thanks, guys, I appreciate it. If nothing else, I needed a few kind words, as this whole situation has left a sour feeling in the pit of my stomach.

Ryan

------------------
For the wages of sin is death; but the gift of God is eternal life through Jesus Christ our Lord.

Romans 6:23


 
You must log in or register to reply here.
Back
Top