What would you do?

[marc61]

Please use this thread for reference as to a BC Rick Mockingbird I sold on Ebay:

viewtopic.php?f=5&t=380127&st=0&sk=t&sd ... ockingbird

Anyway, the buyer receives the bass and is distraught. He says the neck is cracked from shipping, and wants to return it(please see pics below). Then a couple of days later, he emails me to tell me the following:

"I brought the Mockingbird bass with me to the studio Saturday, but unfortunately wasn’t able to play it – there is some kind of short at the jack (maybe somewhere else inside? – not sure) and the slightest movement of the cord made it short out terribly. I changed cords just to be sure, but it still happened. (Luckily, I brought a spare). I opened the cover when I got home much later that night, but couldn’t really see any reason for it to make that terrible noise. I put the 9v battery into a tiny zip-lock bag just in case it was bumping into something it shouldn’t, but it still made the shorted out sound.

I played it unplugged for a while, but there is a bit too much relief on the neck, so I brought it back up to the bench to adjust the truss rod. For whatever reason, I turned it over and noticed that the headstock had been pretty severely broken at some point. Not only could I see the lines of the fractured wood faintly telegraphing through the newly applied finish, but there is also a large spline that spans the repaired fracture several inches in each direction. The work is done extremely well, but at this point I felt like this was strike three.

This bass was described as having “no structural damage, no excuses”, but that is not the case – I’m sure most people would agree that a broken headstock certainly qualifies as structural damage, regardless of how well the repair was done. I have to say, I don’t know if I would have bought this knowing it had a serious repair done to it, especially sight unseen; and quite honestly, not having this repair disclosed does not leave me feeling good about this transaction.

Marc, I really wish this were all otherwise; it’s the nicest looking tobacco sunburst I’ve ever seen, it’s light, and although the un-adjusted neck is bowed, it has a nice feel and straightened would certainly be a sweetheart of a bass. The guys in the band were blown away when I opened the case. (Fortunately, no one noticed when I couldn’t get it to play and switched it for the Eagle, also a ’79).

I think I’m going to ask if I can return this to you, Marc. Between the shipping damage that could have been avoided, and the undisclosed neck/headstock repair, this transaction just hasn’t gone in the right direction. I will package it VERY well, so there is no further damage, and ship it back to you so you can refund my money."


So of course I respond that I will not only refund all his money including shipping, but I will have Fedex pick up the bass as well. The date of his last email is 9/15 and as of today he has not sent the bass back. My feeling is at this point, he should have to keep the bass. No one offers a two week trial period with the bass. How do I know all his claims are true? Maybe he changed his mind?

What do you guys think?

[incubus2432]

If he thought the neck was cracked from shipping why would he try to play or adjust it? The shipping damage should have been found on ititial inspection. I tend to think he broke it trying to adjust it. The lack of contact for two weeks means it's his.

[phlemmy]

I'm with Brian.

[marc61]

Sorry I forgot to include in the original post, that the pics were sent the day he received the bass. The taking to rehearsal and adjusting were done after. At this point, I think if the bass appears at my shipping place, I will just return it to him . Just seems weird considering how disappointed he was. I guess these basses are so hard to find, he figured he'd just work with it.

[beatlefreak]

If the buyer is still claiming there's shipping damage, di he pay for insurance to have it shipped? If so, file a claim. If he didn't pay for insurance, he loses. IMO shipping charges are not refundable. I don't know of any other Ebay seller who would refund shipping. Even if you did refund the shipping, let him pay for the shipping back to you. No way should you have to pay for it both ways.

You should send a follow-up email to him (you should have sent one after a week and no bass). If he plans on returning it, he needs to do it immediately. Otherwise, it's his.

[incubus2432]

If those pics were sent the day of then he should have returned it or accepted it. Playing it I can understand but once he tried to adjust it with visible neck damage he bought it. If he noticed the fresh shipping damage and not the supposed severe neck damage at initial inspection then he's a goof (IMO). I thoroughly go over any thing I buy used, especially basses, as soon as I open the case. When I sell a bass the buyer gets 24 hrs. to inform me if the condition is as I described then after that they are on their own.

Good luck Marc!

[cheyenne]

Keep your money. He should have shipped it back right away. Somethings wrong.

Didn't get paid yet but $1700. I'm a little nervous because the guy has good feedback but his on recent negative was him backing out on a guitar purchase.

Also a problem with the electronics???

Nah.............

[rickenbrother]

If he thought the neck was cracked from shipping why would he try to play or adjust it? The shipping damage should have been found on ititial inspection. I tend to think he broke it trying to adjust it. The lack of contact for two weeks means it's his.

+1
Good luck, Marc!

[jps]

I agree with all the above posts. After all this time the bass is his.

[ram]

What everyone else said!

[bails]

I don't know of any other Ebay seller who would refund shipping. Even if you did refund the shipping, let him pay for the shipping back to you. No way should you have to pay for it both ways.

I do not wish to make judgement on the above case, however in similar circumstances, I was on the receiving end of some pirated DVDs, which were advertised as a genuine box set. The seller said I could return the DVDs for a refund, minus shipping. I informed the seller that when you defraud someone, to make it right, you need to provide a full refund of all expenses, even if it costs you to do so. The seller did not agree, but the courts did, so I got my money back after he got a court order, shipping and all. I'm back to square one, and this is the way it should be.

This is in no way meant to make comment on what should happen in the above case, it is only aimed at the idea that a seller should never need to refund shipping.

[marc61]

Just for the record, since the buyer felt deceived, I was going to refund every penny, plus pay for return shipping. My plan then was to notify Ebay that the transaction did not complete to get refund of fees, then relist. I would have been out about $45 total for shipping costs both ways. To me worth it, in order to keep reputation in tact.

I'm starting to believe by the input here that he probably damaged the bass by adjusting it when he first got it, and blamed me for poor packing. Seems unusual that the only damage was that small neck crack, but yet the rest of the bass was fine. I've never had a problem shipping instruments.

[jps]

Regardless of what the buyer may have or not have done to the bass, he was going to return it to you two weeks ago and has not done so, as of yet. You did not offer a two week money back guarantee, so...

[incubus2432]

I know a little about BC Rich basses (and I stress a little) and one thing that I am aware of is that the neck/headstock area from that era of basses is an area known for potential problems. Certainly not common enough for widespread panic but enough that a little research turns up some instances. I would imaging violent shipping could cause it as well BTW......but for reasons listed above and the fact that the damage is isolated I agree with Marc.