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[OM] Re: [OT] ...who is responsible for goods damaged in transit? (long

Subject: [OM] Re: [OT] ...who is responsible for goods damaged in transit? (long reply)
From: r.burnette@xxxxxxxxxxxxx
Date: Thu, 21 Feb 2008 17:52:17 -0500
Chris:

No damage to the box and yet it hit something (was dropped?) so hard that it 
broke the lower handle on a G5 and damaged the optical drive? Was it shipped in 
a crate? ;oP The G5 is a heavy computer. I would expect a cardboard shipping 
carton to show definite damage from an impact sufficient to do that kind of 
damage to a properly packed G5 computer. 

I have a G5. It is located in my basement. It sits on 1 1/2" blocks, just in 
case some water seepage might occur. (Never happens.) However, in 2005 I had a 
sewer-water backup into my basement from a long, hard downpour that overwhelmed 
the local sewer system in my area. (A result of old sewers not properly 
updated.) I received about 8-10" of water in my computer room. Three blocks 
away, my daughter received three feet of water in her basement. (I have a sewer 
drain plug and used it as soon as I realized water was coming in. She didn't 
have one.) It also backed into the streets. My daughter lost washer and dryer, 
items stored in her basement and her car. Her furnace had to be serviced. Less 
than an hour later the water receded. Area residents had thousands of dollars 
worth of damage. (sad story.)  :o(

In my rush to save my G5 from from the initial inrush of water by placing it on 
my desk chair, I dropped it (still plugged into the electrical outlet under the 
desk). The electrical cord yanked it from my hands. It fell into the water 
handle down, then sideways into the water and hit the concrete floor from about 
20" of height. The G5 suffered no visible damage from the fall. I snatched it 
up as quickly as I could, but it was drenched. Water poured from the case.

Needless to say, in spite of drying the case and components (including 5Gb of 
memory and two 250 Gb hard drives) as well as I could, the next time I tried to 
boot up my computer the monitor view went pixel crazy and the computer shut 
down. My heart sank. I dried off some component condensation. Then I placed the 
G5 on a low stool, left the case side off, placed a small fan where it would 
blow into the case and left it overnight. The next day I tried to boot up 
again. To my immense relief, the computer showed, and still shows, no ill 
effects of any kind. I put it to "sleep," but it stays on 24/7. The moral of 
this story? The G5 is one tough computer, both case and components.

In view of that and the buyer's insistence that there was no visible damage to 
the shipping carton, I suspect that the buyer had a mishap with the computer 
after it was removed from the carton and he had used it for some time. He 
possibly dropped it himself. 

Regardless, three months is way too long to wait before lodging a damage 
complaint. For a component failure--maybe; for visible damage--no way. I 
suspect that if any one of us had spent that much money on a purchase and it 
arrived visibly damaged, we would have lodged a complaint within 24 hours or 
less.

Good luck,

Robert


----- Original Message -----
From: Chris Barker <ftog@xxxxxxxxxxxxxx>
Date: Thursday, February 21, 2008 16:13
Subject: [OM] Re: OT: in the UK, who is responsible for goods damaged in 
transit?
To: olympus@xxxxxxxxxx

> 
> Thanks, Rob
> 
> Since it is so long, I have advised my son to reject the claim 
> from  
> the buyer.  There is apparently damage to the lower grip of 
> the  
> computer (a G5 Mac) and the optical drive doesn't work.  
> There were  
> indeed photos to document the external damage.  He also 
> said that  
> there was no damage to the box ...
> 
> The buyer decided against the insurance; I have little doubt 
> that he  
> is telling the truth, for the most part, but I reckon he's left 
> it too  
> long at 3 months.
> 
> Chris
> 
> On 21 Feb 2008, at 20:21, r.burnette@xxxxxxxxxxxxx wrote:
> 
> > Chris:
> >
> > I have a few questions for you and your son.
> >
> > 1. What type of damage is the buyer talking about?
> > 2. What is the extent of the damage?
> > 3. Has the buyer sent photos to document the damage?
> > 4. Is the damage repairable?
> > 5. If so, would repair(s) be cost-effective?
> > 6. Was the low insurance at the buyer's request or was it your son's
> >     decision? (I assume the insurance 
> purchased was commensurate
> >     with the value declared. Was VAT a 
> consideration?)>
> > The buyer may or may not be telling the truth. Some buyers employ
> > this ruse to obtain "free" merchandise. Has he offered to send 
> it  
> > back?
> > The buyer may have found a better deal, may have decided not 
> to take
> > it, etc. I would certainly ask for photographic documentation before
> > proceeding further.
> 
> 
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