doublegunshop.com - home Forums General Discussion DoubleGun BBS @ doublegunshop.com What's the deal here??

Had my first damaged gun received from FEDEX. Auction purchase. Was a German hammergun with the left hammer wrapped around the frame, springing the sideplate. Not pretty. Now, I paid extra for shipping and insurance. FEDEX will not deal with me on this end. Said I had to send it back to the seller. The gun was insured for the purchase price, not the problem. Question? Since I bought and paid for the gun with insurance. Don't I rightfully have a right to the gun and the insurance money? It might take all of the insurance dollars to repair. Anyone with this experience or have a comment on whether I will have a fight with Fedex and the seller over possession of the gun and the insurance. Randy

If you recieved the gun, and signed for it before discovering the damage, you may have a problem.

OTOH, if you recieved the gun, recognized that it was damaged on receipt, and made a report while the driver was still there, you should get re-imbursement.

I used DHL for a purchase of an antique alabaster light from Florida. Since it was fragile I opted for the insurance. When it arrived broken I called DHL. They sent a guy who examined the light, the package and took photos. Then later I received a letter saying it was packed inadequately and therefore they would pay zip. I filed a complaint with the insurance division here in Hawaii and they said I needed to file in Fl. Florida said that DHL is self insured and that they have no power over DHL. But they sent me to the AG who took a complaint and will eventually act on it. In the end if I am out the 1000.00 I want to make enough noise to cost DHL the 1000.00 and perhaps interest them in closing the issue with me in the hope I will go away. In the future I plan to open the package while the driver is still there and return it to sender if damaged. The drivers can wait for all I care. FWIW

Bad scene. While you may have paid extra to have the seller (shipper) insure the package, the contract to deliver the goods is between the shipper and the carrier. Your agreement is with the shipper to send you an undamaged gun. Even if the carrier pays the claim to the seller, the seller has to settle with you - either he fixes the gun to your satisfaction and then ships it to you, or he pays you off and keeps the gun (assuming the insurance carrier does not take possession of it as part of their settlement with him!).

Your transaction with the seller as of now is incomplete. It's still his gun.

My experience is just what Jonesy said. In both cases I was involved in, only one of which was a gun part, UPS paid off in full and took the goods.

BTW, with a gun, the carrier still has to adhere to a federal law regarding transfer of ownership. As such, they may elect to pay for damage repair or completely pay off and let the shipper keep the gun. I have not had a claim on a full gun, so I don't know for sure.

Most of the auctions I have been to or did phone bids state that ownership is transfered when the hammer falls which could make your fight be with FedEx.Having said that the first place I would go to is the auction house and see what they will give you.If that fails then go to FedEx.I think FedEx has a better history of paying then UPS at least they flat out refuse to pay.
Bad news either way,any time I have a gun in "shipping roulette" I hold my breath and hope it makes it.
Keep us posted RMC and hope it works out

I am sorry you are having a problem and feel your pain. Good luck trying to get any insurance money from Fed X.

In my experience the USPS is more liable to ship something in one piece or to pay a claim if there is a problem. ALso, the people at the desk of many post offices have been easier to deal with than the other shippers, as a general rule. I have had trouble with USPS, UPS, Fed X and DHL. Have had less trouble with USPS and more and faster satisfaction when there was a problem. The other 3 have been about equally bad in my experience. I ship and recieve guns every week and it is rare to have a problem with the USPS. This won't help you now, but it may help you on your next transaction.

I have had two items destroyed by Fed Ex Ground over the past several months (neither gun related). Both items were insured &the sellers were notified. On the first item Fed Ex came & picked up the item. Both items were less than $100 (automatic coverage) but I suspect this man claimed the entire $100.00. On the 2nd one after being contacted & told he would have to institute action the seller refunded me all cost including shipping, but no one ever came for it. I assume he was refunded by Fed Ex but don't know for sure. Neither item was opened in the presence of the driver, in fact both were simply left at my house while I was away. In both cases I E-mailed the sellers pictures of the damage.

Was the freight ppd or freight collect? If the freight was ppd then the shipper has the contract with the carrier. In order to complete the claim the freight bill must be paid. The shipper must file the claim. Shotgunjones has it right. This will likely take 60 days, but be persistent and don't quit. You will likely get a settlement equal to the value of the repair cost (which may require an estimate to be submitted). You are not entitled to more than the actual cost of repairs/replacement or insured value, whichever is the lesser amount. The burden is on the shipper (if ppd) to prove repair/replacement value. BTW this is a Federal issue, not state because of interstate commerce.

Jim

If you are being reimbursed for damage, you should be submitting the estimate of repair and the item is retained by you and the check for amount of repair would make you "whole". No, you don't give up the item unless they are settling on "replacement value".