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Old May 06, 2008, 11:03 PM
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Michael Daly (aka EARTHBOUND) in Seattle Washington trading practices!!

" Mike returned my initial payment made for a package that was lost via DHL. Trading with Mike ultimately means your satisfaction is guaranteed."
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Old May 06, 2008, 11:50 PM
Angering mobs since 1980.
Twmaster's Avatar
United States, TX, Dallas
Joined Sep 2001
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Camper...

Are you 100% sure DHL paid the claim?? They are the biggest lot of disorganized monkeys I have ever seen. I had been using them I am going back to FDX Ground due to stupidity like this.

--
Mike N
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Old May 07, 2008, 12:00 AM
Si Vis Pacem Para Bellum!
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Joined Jul 2005
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I'd be interested to hear his side of the story, and we all know every story has two sides. I checked his trader rating and it is not only extensive but perfect, besides the negative you gave him. I would hope there is a rational explanation behind this somewhere.

I will alert him to this post and invite him to explain his side of the story.

Doubletap
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Old May 07, 2008, 01:31 AM
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Seattle, WA
Joined Sep 2003
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I won't attempt to correct misleading statements Ron (camperfan) makes in his post above. The original deal can be seen here. I understand that Ron is frustrated, but that's no excuse for his attacks.

I shipped the package the same day that I received payment. I contacted DHL and had them begin a package trace the same day that Ron notified me that he had not received it. I requested claim forms and completed/returned them the same day I got them from DHL. I told Ron that I would send him a refund after DHL settled the claim. Ron expressed no objection to this plan.

Ron - who at DHL said the claim had been settled? I have not received anything from DHL yet.
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Last edited by Earthbound; May 07, 2008 at 01:52 AM.
Old May 07, 2008, 05:26 AM
Mt. Dora, Florida
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USA, FL, Mt Dora
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I think most of these postal places take like 90 days before paying off on a claim and that's not from the time the package was shipped, it's from the time the claim is filed. You think DHL is slow about paying out on insurance claims, try the post office. They definately take their 3 months.
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Old May 07, 2008, 07:56 AM
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I (1) know Mike, (2) fly with Mike and (3) routinely BUY from Mike: he is first class and very, very honest. This post is a wrong-headed attack on a great guy.

In fact, the circumstances suggest it is Mike who got "burned" after hundreds of transactions with reasonable people.

Did you ever stop to ask yourself, "Where does the risk of loss lie in this transaction?" Or, "Did I agree at some point that the risk of loss is mine?"

I suggest that by custom, when Mike delivered the goods to the carrier, he did so for you and that risk of loss was born by you.

I'm going to give you a chance to either modify what you posted to remove the personal attack or remove it altogether, and, if you don't I'll report it to the moderators for them to decide whether it is a groundless personal attack. I tell you this because I consider anonymous reporting as nothing more than malicious cowardice. So, consider very carefully what you have posted, and I'll hold off for now.

Yes, Mike is a friend.
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Old May 07, 2008, 08:49 AM
Mt. Dora, Florida
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USA, FL, Mt Dora
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Not to get involved in this squabble, but I have to disagree with you on the part where Mike's responsibility ends when he delivers the goods to the carrier. To prove this point, if what your saying is correct, the buyer would have to file the missing property claim and not the seller. But with any shipping outfit, the seller or shipper has to file the insurance claim and not the receiver.

I'm sure with Mike's feedback rating, he would have to agree with this as well to insure that his customers are happy with the overall transaction once completed.

Quote:
Originally Posted by Sisyphus
I (1) know Mike, (2) fly with Mike and (3) routinely BUY from Mike: he is first class and very, very honest. This post is a wrong-headed attack on a great guy.

In fact, the circumstances suggest it is Mike who got "burned" after hundreds of transactions with reasonable people.

Did you ever stop to ask yourself, "Where does the risk of loss lie in this transaction?" Or, "Did I agree at some point that the risk of loss is mine?"

I suggest that by custom, when Mike delivered the goods to the carrier, he did so for you and that risk of loss was born by you.

I'm going to give you a chance to either modify what you posted to remove the personal attack or remove it altogether, and, if you don't I'll report it to the moderators for them to decide whether it is a groundless personal attack. I tell you this because I consider anonymous reporting as nothing more than malicious cowardice. So, consider very carefully what you have posted, and I'll hold off for now.

Yes, Mike is a friend.
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Old May 07, 2008, 09:27 AM
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Quote:
Originally Posted by mtdoramike
Not to get involved in this squabble, but I have to disagree with you on the part where Mike's responsibility ends when he delivers the goods to the carrier. To prove this point, if what your saying is correct, the buyer would have to file the missing property claim and not the seller. But with any shipping outfit, the seller or shipper has to file the insurance claim and not the receiver.

I'm sure with Mike's feedback rating, he would have to agree with this as well to insure that his customers are happy with the overall transaction once completed.
Reasonable people can disagree, BUT your legislature has settled it for you. Absent an agreement, the risk of loss shifts (Article 2, Uniform Commerical Code-which applies in your state) once the seller tenders the goods to the carrier. As consignee, the buyer steps into the seller's shoes regarding rights under the carriage agreement (and has the contractual right to advance the claim for the loss of HIS goods). Of course, the parties are free to modify this result by contract, BUT where they don't this is how "the law" allocates their rights and duties.

Now, if a seller wishes to maintain goodwill, he can do as he pleases, but here it appears that the parties' rights and duties were fixed under Article 2.

So, I disagree with the bases for your opinion, though I agree that Mike, as a seller, may do as he wishes and vary this allocation which arises "by operation of law," without regard to the parties' intent.

As I said, he is a friend, and throughout many transactions he has always given me the better end of the deal.
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Old May 07, 2008, 10:35 AM
Mt. Dora, Florida
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USA, FL, Mt Dora
Joined Dec 2006
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I will agree that once the seller tenders the goods to the carrier that the buyer could step into the shoes of the seller under the carraige agreement, but as a buyer, (who didn't pay the carrier the shipping or insurance fees) try and file a claim for loss, damage or theft and see what happenes. Uniform commercial code or not.

So it would be up to the SELLER to advance the claim with the carrier because the carrier will tell you as USPS & UPS has told me, their agreement lies with the seller/shipper/consignee. So you may want to forward to them a copy of this Uniform Commerial code.

Quote:
Originally Posted by Sisyphus
Reasonable people can disagree, BUT your legislature has settled it for you. Absent an agreement, the risk of loss shifts (Article 2, Uniform Commerical Code-which applies in your state) once the seller tenders the goods to the carrier. As consignee, the buyer steps into the seller's shoes regarding rights under the carriage agreement (and has the contractual right to advance the claim for the loss of HIS goods). Of course, the parties are free to modify this result by contract, BUT where they don't this is how "the law" allocates their rights and duties.

Now, if a seller wishes to maintain goodwill, he can do as he pleases, but here it appears that the parties' rights and duties were fixed under Article 2.

So, I disagree with the bases for your opinion, though I agree that Mike, as a seller, may do as he wishes and vary this allocation which arises "by operation of law," without regard to the parties' intent.

As I said, he is a friend, and throughout many transactions he has always given me the better end of the deal.
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Old May 07, 2008, 10:37 AM
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" Mike returned my initial payment made for a package that was lost via DHL. Trading with Mike ultimately means your satisfaction is guaranteed."
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Last edited by camperfan; May 15, 2008 at 11:01 AM.
Old May 07, 2008, 10:41 AM
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Upper U.S.
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Quote:
Originally Posted by mtdoramike
I will agree that once the seller tenders the goods to the carrier that the buyer could step into the shoes of the seller under the carraige agreement, but as a buyer, (who didn't pay the carrier the shipping or insurance fees) try and file a claim for loss, damage or theft and see what happenes. Uniform commercial code or not.

So it would be up to the SELLER to advance the claim with the carrier because the carrier will tell you as USPS & UPS has told me, their agreement lies with the seller/shipper/consignee. So you may want to forward to them a copy of this Uniform Commerial code.
Well, "they" understand it, and consignees routinely sue them: as a matter of law, a consignee has standing.

What "they" rely on is that in small transactions, you, as a consignee, will simply "go away."

So, there are the parties' legal rights and duties, and there is "reality:" so, what else is new?

The issue, here, is not "who," morally or legally, should advance the claim (the parties settled this among themselves), but WHO, as a matter of law (absent an agreement) MUST bear the risk of loss: the two are seperable, distinct and in this situation, mutually exclusive. (Can you say, "express or implied agency?")

Say, the Carmack Amendment is something, isn't it?

By the way, the seller is always the "consignor" under these circumstances, not the "consignee."
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Old May 07, 2008, 10:41 AM
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" Mike returned my initial payment made for a package that was lost via DHL. Trading with Mike ultimately means your satisfaction is guaranteed."
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Last edited by camperfan; May 15, 2008 at 11:02 AM.
Old May 07, 2008, 10:43 AM
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Upper U.S.
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Name of the agent? Phone number? Have you spoken with a supervisor? Date this supposedly occured? Check is in the mail?
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Old May 07, 2008, 10:53 AM
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" Mike returned my initial payment made for a package that was lost via DHL. Trading with Mike ultimately means your satisfaction is guaranteed."
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Last edited by camperfan; May 15, 2008 at 11:03 AM.
Old May 07, 2008, 10:57 AM
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" Mike returned my initial payment made for a package that was lost via DHL. Trading with Mike ultimately means your satisfaction is guaranteed."
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Last edited by camperfan; May 15, 2008 at 11:04 AM.
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