TM dispute advise....

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Shapenz

518 posts

Ultimate Geek

#299485 12-Sep-2022 13:35

Hey team - hoping to get some opinions on what you'd think is fair in this situation.

Sold my kids old gaming PC on TM - its an older model 4th gen with a 1060. The buyer emailed me to say he didn't get any video output.. but weird as I tested it with Heaven for a couple of days before sending to make sure everything worked but couriers do like throwing thing around.

I asked him if he was conformable to try reseating it / checking the PCIE power was connected etc all okay. Didn't work so I arranged to get it back to me.

Now I have it back and the GPU does seem to have suddenly died so that's pretty straight forward.... except the buyer has broken the PCIE retention clip, also the clip that holds the PCIE cards in place (this case has a clip instead of screws) and twisted the metal bracket that PCIE cards sit on. Even the slot itself looks a bit mangled...

I'm kinda willing to accept the GPU suddenly dying but kinda annoyed about how damaged the item is. He's opened a dispute with TM so I will have to deal with it through them.

I'm wondering what you guys think would be a fair resolution in this situation? The PC was only $300 so not the end of the world but is going to be a pain to get rid of with all the broken bits.

TL:DR - buyer damaged a PC that I've taken back for faulty GPU.. what would you do to keep the buyer happy but also not end up with a junker.

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241 posts

Master Geek

#2966158 12-Sep-2022 13:47

I can see this getting ugly, a he said you said, they said...

Do you have any evidence that the PC was okay and working before you sent it, do you have proof that the PCI damage was caused by the buyer and wasn't there before you sent it, after all it arrived with dead GPU... see where I'm going with this.

Sorry don't have an answer and I hope that TM dispute team apply some common sense!.

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gehenna

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#2966163 12-Sep-2022 14:01

Buyer damage trumps a failed component IMO. He broke it he bought it.

SirHumphreyAppleby

2821 posts

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#2966164 12-Sep-2022 14:09

I'm wondering what you guys think would be a fair resolution in this situation? The PC was only $300 so not the end of the world but is going to be a pain to get rid of with all the broken bits.

This is a bit of a tricky one. While the computer was technically theirs, given the fault and fact that they had recourse, either by cancelling the deal or filing a dispute with TM, they most certainly had a duty of care and they should be held liable for any damage they did. Proving they caused the damage is the sticky point, so I expect TM will side with the purchaser and you'll be out of pocket. The Disputes Tribunal would be your only course of action but even that's a risk if you don't have evidence that the item was in good condition when you sent it. They could simply claim the courier damaged the item. As the recipient, you can claim against the courier (despite the BS the couriers tell you about it having to come from the sender), but I wouldn't count on them being helpful. Again, you're stuck with the Disputes Tribunal and a lack of evidence.

Shapenz

518 posts

Ultimate Geek

#2966169 12-Sep-2022 14:19

Kinda what I feared but was hoping for another way out haha - I only have pics of benchmarks I ran before sending it - because of where the broken bits are they can't be seen in photos as the GPU blocks them.

I don't think I'd have much luck with the courier... the case looks fine all the damage is internal and I feel it would be hard to break off internal plastic clips without any damage the case.

Will see what TM say....

mattwnz

20004 posts

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#2966174 12-Sep-2022 14:36

If you hadn't asked them to reseat it the board then you may be in a stronger position as you don't know how technical they were, so they coudl have damaged it then. It maybe a good reason to do pickup only in the future and get them to test it before they take it.

MikeAqua

7767 posts

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#2966176 12-Sep-2022 14:36

I would look at it this way. They purchased with an expectation of a working GPU. The GPU was DOA.

You asked them to try reseating it, and PCIE slot was damaged in the process. In the absence of a dead GPU the damage wouldn't have happened.

If the PCIE slot wasn't damaged, then to make good, you'd need to replace the GPU. Would you have done that? Or would you have simply refunded and cut your losses.

Mike

gehenna

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#2966177 12-Sep-2022 14:40

mattwnz:

If you hadn't asked them to reseat it the board then you may be in a stronger position as you don't know how technical they were, so they coudl have damaged it then. It maybe a good reason to do pickup only in the future and get them to test it before they take it.

Conversely it sounds like they put the card in fine, but getting it out it would have been locked by the PCI clip. Since they were able to take instruction on what to do, you'd expect they would ask the question "i tried to remove it but it's stuck" before ripping it out. I literally did this myself on an old build I was dismantling a few weeks ago. It's not easy to break that at all, needs a LOT of force.

Shapenz

518 posts

Ultimate Geek

#2966179 12-Sep-2022 14:47

The buyer was able to test it with another GPU from their other computer apparently so must have at least come basic knowledge. I did ask them if they are comfortable doing it and offered to take it back from the get go if not.

I should have actually just purchased them another GPU for him thinking about this... I was just surprised after 2+ years of use that the GPU died the minute I sold the machine so thought I could fix it.

It costs $35 each time to freight it back and forth so not really worth doing now.

If I was the buyer I would be annoyed about the machine not working as advertised but I also wouldn't have mangled it then sent it back without saying anything.

thermonuclear

552 posts

Ultimate Geek

#2966182 12-Sep-2022 14:52

Shapenz:

Kinda what I feared but was hoping for another way out haha - I only have pics of benchmarks I ran before sending it - because of where the broken bits are they can't be seen in photos as the GPU blocks them.

I don't think I'd have much luck with the courier... the case looks fine all the damage is internal and I feel it would be hard to break off internal plastic clips without any damage the case.

Will see what TM say....

That you didn't have comprehensive photos of condition before you sent the computer was/is always going to hinder your case with the buyer and TradeMe, but then you've realised that.

It might be worth pursuing the courier company for damages? I sent an item I sold on TradeMe with Aramex which they managed to lose. I was pretty hacked off about it as it was a rare item rather than something with huge value ($100), but I went through the process with them and got a no-quibble refund from Aramex. They had questioned the delivery driver who swore up and down the item had been delivered, and I still got the money from Aramex.

So, you never know if you don't ask.

SirHumphreyAppleby

2821 posts

Uber Geek

#2966185 12-Sep-2022 15:03

thermonuclear:

I sent an item I sold on TradeMe with Aramex which they managed to lose. I was pretty hacked off about it as it was a rare item rather than something with huge value ($100), but I went through the process with them and got a no-quibble refund from Aramex. They had questioned the delivery driver who swore up and down the item had been delivered, and I still got the money from Aramex.

My experience with Fastway wasn't so good. They flat out refused to pay for an item that was damaged despite acknowledging that 'something' was written by the courier when I said I would accept the item subject to further inspection. Unfortunately, I had a family member suffer a serious head injury soon thereafter and following it up through legal channels wasn't really a priority. To this day I refuse to sign for any Fastway/Aramex package, will not ship using them and if an online store says they use them, I usually buy from someone else or contact the store and check to see if they can use another courier instead.

But yes, worth a try if you believe the item was damaged in shipping. Ask the buyer nicely if they will provide a statement that the item was not damaged by them. If they provide one, ask Aramex for compensation. If they don't, it's up to your conscience to determine who the culpable party is and seek compensation.

mattwnz

20004 posts

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#2966246 12-Sep-2022 16:13

Al I can say it is a difficult situation when it goes wrong. What I see people do on ebay is that they often sell it for parts, as is, and the buyer takes all the risk. Or they can come and test it if they want.

lNomNoml

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#2966247 12-Sep-2022 16:20

Part payment you pay them back half and call it a day

hsvhel

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#2966260 12-Sep-2022 16:49

Depends on what the total sale was TBH. and what your time/effort and over all care factor is

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Batman

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#2966281 12-Sep-2022 17:17

if selling second hand always qualify with as is where is even if it's working

on the auction details never say that anything is working, or is good or anything

just post pics

for a few dollars and the hours you lose sorting cr!p out it's really not worth it

gzt

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#2966285 12-Sep-2022 17:28

If I understand correctly - the GPU was DOA. The socket is still working. A good GPU works in the socket. Personally I'd put in an equivalent GPU assuming I have one and send the machine to the buyer, fixed

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