as is means as is!

Discussion in 'The Club House' started by bobski, Jan 26, 2013.

  1. too bad so sad.

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  2. tell him to put in a claim.

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  3. work with him. feel his pain and offer a partial refund.

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  4. take back the gun and suck up the loss as yours.

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  5. shake your head in disbelief knowing someone would try such a thing.

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Multiple votes are allowed.
  1. bobski

    bobski Vendor

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    just had a cornpone try to demand money back from a private gun sale that happened a week ago.
    a real nice browning. NIB. never fired. never assembled. flawless. i even had judge remarks written on it when it won a trophy at the tulsa gun show. had pics, documentation. etc. i advertised no insp period allowed. as is.
    it was that good a gun.
    guns of this level can not be allowed a 3 day insp. people tend to assemble them, shoot them, ruin them, and then demand money back. ive dealt with this kind of buyer before and learned to protect myself.

    so after 10 or so emails, he pays. i look it over first, make sure alls well, double pack it in a box in a box for security. i send with full insurance. i remind him in emails that its out of my hands and in the carriers posession. done deal.

    he calls a week ago saying he got it. fine.

    today, all of a sudden, the guy demands money back saying the gun was flawed and demands refund.

    no way. gun was perfect. the gun obviously got a rub in shipment. hes claiming a 1/4" smudge marred the top of the alloy receiver. gun was in factory wax paper inside the factory styrofoam box, inside the factory shipping box, inside my shipping box.

    i explained to him its a claim issue now. and im very sorry.

    key points in his emails...he said he was looking forward to assembling it and putting it in his gun collection in his cabinet.
    i warned him not to. he laughed.

    there seems to be a cloud cast over the gun realm. i had 3 gun deals in 3 weeks have hitches. im batting 1000 for weird people and guns. whats going on?

    so take the poll......put yourself in my shoes.....what would you do next?
     
    Last edited: Jan 26, 2013
  2. orangello

    orangello New Member

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    Agreed, is claim against shipper now.

    Why should he not assemble the gun? Or are you saying he may have marred it when assembling it?

    I wonder if this cloud is related to a large number of relatively rookie firearms owners buying firearms they may not have researched thoroughly.
     

  3. dango

    dango Active Member

    I get smudges on my Bluing all the time by handling them!
    Define "Smudge"! Probably from wax paper!......(WAX).?:confused:
     
  4. bobski

    bobski Vendor

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    looks like someone took the gun and put a eraser to it and took off the anodizing down to white in a 1/4" area.

    unassembled guns to collectors bring premiums.
     
  5. danf_fl

    danf_fl Retired

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    You must have pictures of it.
    Ask him to supply you with pictures of rub mark and compare.
     
  6. bobski

    bobski Vendor

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    he did. it happened in shipment.
     
  7. Devin556

    Devin556 New Member

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    Anything that happens in transit falls on the shipping company. I'd tell the guy he should have inspected it before he signed off or took possession of the package and that you are not liable for any damages due to improper handling. Then I would politely tell him to piss off.
     
  8. Vikingdad

    Vikingdad New Member

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    Too bad, if he has an issue then it is with the shipping company. The gun is not worthless at this point, and if he was going to reduce its value by assembling it (personally I would never purchase a gun without full intention of firing it- a lot) then he was buying it with the full knowledge he was paying more for it than it was going to be worth in his collection.

    Maybe offer to send him a Magic Marker so he can "touch it up".:p
     
  9. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    okay here's my take on this. Bobski the guy is an idiot!

    it took him a week to find the flaw? not hardly. he knew it was there and quite possibly the shipping company told him to pound sand and he's no trying to get you to foot the bill.

    as is, means as is! period. he bought it under those conditions, so it's his problem. also his problem if he doesn't read your conditions of the auction.

    i don't think i would buy an extremely high dollar collectable firearm without a hands on inspection or at least one by someone independent of the buyer if i couldn't do myself. he bought the shotgun based on photos, under the conditions you listed, noticed it had a scratch, possibly tried to get the shipping company to reimburse him, and he wants you to refund his money? Tough S**t is what i'd tell him. you are under no obligation to do anything further.
     
  10. Sonic82

    Sonic82 New Member

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  11. c3shooter

    c3shooter Administrator Staff Member

    Ski- gun is his- hope he enjoys it. As far as shipper- if the shipment was insured, it covered the SHIPPER- (dat be you), and you would need to contact the carrier to start the claim process.

    May of those claims are being processed by Crawford & Company (a 3rd party adminstrator) who will claim inadequate packing, preexisiting, yada yada yada (bottom line- they ar not going to pay unless you have video of the UPS drivers gnaming on the stock).

    UNLESS a gun is misrepresented (IF you said it is a 28g- it is a 20) AND the gun is sold as is, no returns, etc- it is his. If payment was by a credit card, expect him to try to contest the charges. Be sure to save any emails, auction description, etc etc.

    I have had ONE gun that I bought remotely, and advised seller he WOULD be taking it back- SN (not shown in auction photo) had been ground off. Advised he had a choice- pay for return shipping, and refund ALL of my money, or I would deliver the revolver to my local BATF branch, since it was contraband.
     
  12. bobski

    bobski Vendor

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    yep. doesnt get any simpler than that.

    you know...if there was a shadow of a doubt on the day he received it and looked at it, i might have worked with him. but........he waited a week. i cant be responsible for what goes on after its delivered....for a week!
    there has been only one other deal i had go sour and it was 13 years ago. im very detailed in my advertisements. some guy bought a gun with 100's of pics sent....but decided to buy the gun and then....tell me the wood was mismatched in color. this is a common ploy. get the gun in you hands and then try to widdle you down for something. once again, it was as is.....
    13 years later, someone tries it again.
    as a gun dealer you must see the same things i see here.
     
  13. c3shooter

    c3shooter Administrator Staff Member

    Ski- to correct a possible misconception- am not a dealer. Hobbyist collector, shooter, hunter.

    But I have to deal with people- and some are weirder than sox on a duck.
     
  14. HOSSFLY

    HOSSFLY New Member

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    Well, you didn't say how you sold it- Gunbroker?
    There is pretty much a understood 3 day NON FIRING inspection period for any gun sale i've ever been involved in--
    Unless the box shows visible damage in the area of the "smudge" forget insurance claims--------
     
  15. bobski

    bobski Vendor

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    not on an auction.
    private ad.
    and 3 day inspections are not required on any item by law.
    as is, IS the terms.
     
  16. ScottA

    ScottA FAA licensed bugsmasher

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    I had a very similar situation in a non-gun related business years back. I learned to make sure all terms are very clearly documented up front. Your's sounds pretty clear. If it gets messy, photos might help next time.
     
  17. HOSSFLY

    HOSSFLY New Member

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    Nope--you're right----
    Gud luck-
     
  18. Trez

    Trez New Member

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    I just have to ask where in the hell can you buy a brand new unassembled gun???!!! Ive never even heard of such a thing??!! Why would the company do that, it seems like a lawsuit waiting to happen if somebody puts their new gun together wrong or its missing a part or something... :confused:
     
  19. mountainman13

    mountainman13 New Member

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    I've had a lot of similar issues lately. I'm at the point now where I have an all sales are final GFY attitude. I had a guy try to return a custom 300 blk the other day because he can't get ammo. Nobody can get ammo right now. GFY!!
     
  20. bobski

    bobski Vendor

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    trez...it was a new in the box, never assembled out of the box gun. the bbl was stored above the rest. thus, its known as unassembled.
    its like you buy a gun, open the box, look at it, close the box and never use it. this gun in question was like that...since 1971. better known a mint.
    ya know..like a new uncirculated coin from the u.s mint?
     

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    Last edited: Jan 28, 2013