if you get a product that is not right, but you decide to accept it (keep it anyway) and have body work done on it........the seller is off the hook. Sorry Dude, but I wouldn't side for you. You should have sent it back when you had the chance. You accepted it in its "as-shipped" condition! you had body work done on it, which proves that you felt the bumper was good enough to keep.....IMO.

 

Exactly.

 

**** it...take him to court and find his statement with the pictures...

the beauty of america...

ship 600$

 

i agree. he kept it and its his responsibility from that point on. but i also think its bad business on klumees part. i mean as a business person u dont just accept that the buyer kept it so ur off the hook, that will get you nowhere. techincally, he didnt do anything wrong. but morally, and in the game of business yes.

 

i think both parties missed a few things...

1. delayed shipment. here's what is posted on the fedex site found here:"http://fedex.com/us/customersupport/express/faq/claims.html"

"When should I file my claim for FedEx Express?
Concealed loss, damage, delay, and COD (Collect on Delivery) payment claims must be filed within 21 calendar days of the delivery date. Nondelivery or misdelivery claims must be filed within 9 months of the shipment date.

When should I file my claim for FedEx Ground?
Concealed loss and damaged packages must be reported within 21 calendar days from the delivery date. Call 1.800.GoFedEx (1.800.463.3339) and request a damaged call tag. Claims can be filed up to nine months from the delivery date. Please see below for information on filing a FedEx Ground C.O.D. claim."

NO GUARANTEE on date of delivery on ground packages, but I'm sure everyone knew that. Both razor1 and/or klumzyee COULD have monitored the shipment, but it was neither one's responsibility. one was waiting for package, the other one thinks its a done deal waiting for some feedback.

2. damaged item. at this point, either party COULD have filed for a claim, razor1 after discovering item was damaged, or razor1 telling klumzyee item was damaged and vendor files for claim. here's where I think people miss the point... in order to file a claim, the item aka the bumper and the box it came in MIGHT be needed in order to process the claim. It really depends what fedex asks for. If all they want is pictures and the old packaging material, your claim might get approved. But if they wanted the bumper back... well you get the idea. Again, this is what is said on the site...

"How do I file a claim?
Follow the three easy steps listed below to file your claim.

Step 2: Gather the following documentation:
Photocopy of FedEx® Airbill/FedEx Ship Manager printout and/or FedEx Ground Pickup Record.
All documentation related to the proof of value (e.g., copy of original invoice from vendor/supplier, copy of retail invoice/receipt, final confirmation screen if online order with proof of payment, itemized repair invoice or statement of non-repair, appraisals, expense statement, or any other applicable documentation).
Serial number(s) of merchandise."

As far as communication between you two, all I know, and what everybody else knows is what you guys tell us, but only you guys will know how it really went down. I agree that razor1 should be given some sort of compensation but I also agree that klumzyee is not entirely at fault here. I think I've given enough hints on where I think you guys should start if any resolution is to be made. best of luck to both of you.

NOTE: fitment issues were not addressed because thats another, completely different matter

 

^+1 nice lengthly analysis. I agree with eldgebroni. Good breakdown on the entire situation.

 

wow really nice summary there eldgebroni couldnt have said it any better

 

I agree 100%!

If there was no time to send it back then this is on you. It's your responsibility to have all the parts for the car when the car goes into the shop. Shipping delays like this happens all the time and you cannot blame it on the seller. Did you talk to him about the return cost of $150? I'm sure he would have refunded it back to you since this was not your fault.

 

Im going to have to second that. If that was me on a time delay, i would be tracking the package probably every day. I do it now, even with packages that are NON important, just because i get excited to receive a package. However, if after the 2 weeks you got it, and it was not right, sorry, but i would tell the bodyshop they have to wait, or put a stock bumper on and sell it after. Not siding here, but i know that Klumzyee has taken back items that were damaged and replaced with new. This is the first case i am hearing bad feedback for him. NOT SAYING IT DOESNT HAPPEN, OR THAT HE IS RIGHT. Just saying, that if you were so strapped, i would have been WAY more on top of this. Maybe $600 is still a lot for me to spend on something i guess, but maybe i am just cheap.

 

that was solely your problem you brought uopn yourself when you accepted the bumper and took it to the body shop for prep etc... imo klumzyee has acted accordingly and shouldn't owe you a dime or a free pair of anything, you should understand all the points against you since.. you are a ''small busines owner'' yourself.

 

since when does an insurance company put anyone on a timeline. perhaps insurance was only paying for a rental car for a limited time, but i have never ever heard of an insurance company demanding a bodyshop to finish work within a timeframe. take it from someone who has owned a bodyshop, once they cut the insured or the bodyshop a check, they want nothing more to do with the situation unless there is a supplimental addition to the claim.

 

Preach. +1

 

I guess we need to get something straight here first, I ordered it on Aug 10th, I got it on the 24th of August, two weeks is way past due on a piece like this. I tried calling and PM'ing several times with no responses from him. At this point, how would you explain to the insurance company and the body shop the they have to put their work on hold because some idiot won't answer his phone and give me answers. Come on now, there is no way in hell anyone here would have sent it back and had to explain this to the waiting bodyshop that is 2 weeks behind already. So , basically it's my fault for believing someone would really do what they say. I'm done playing this game, I spoke to my lawyer about this, and was informed to file a small claims lawsuit on the grounds that his side of the purchase contract was not upheld based on delivery time and condition. With the info I have and pictures along with the bodyshop and Insurance adjusters statements about time issues, he told me it's an easy case.

 

i think you were a bit impatient and from your post a bit difficult to deal with even from a non-business standpoint. coming from your previous posts' in this thread you wrote your a small business owner correct? the package was ordered on August 10, and arrived the 24 of August. That's 9 business days it took to get from cali to (im assuming from your location) st. petersburg. To most i know considering the size of the package that isn't a long time considering how soon you ordered it.
And if there was so much stuff wrong with the bumper (cracks, wavy, etc..) why did you even accept it!? and then have the prep work done to it? you shouldn't blame seller(klumzyee) for your stupidity to take a damaged package, fix it, (which proves that you felt the bumper was good enough to keep) then file a claim afterwards.

 

I had no choice but accept it, if you don't sign for it you can't open it to see if there is damage, makes sense right? And was I impatient , I could not get a hold of him to see what was going on, he was suppose to send me a tracking number
three separate times times, never did,never. The only way anything got moving is because I threatened with reversing the payment, and that's the only time he ever returned a call.