Transport company fucked bike in transit, now seller wants money from me

[breakaway]

As in title.

I sold a motorcycle, and the buyer (Who is in Christchurch) organised transport. My job was to simply drop the bike off at the transport company after the money cleared in my account, which I did.

I get an email from the buyer today, saying he's received the bike, and feels 'lied to' etc etc. Apparently, the bike arrived with a fucked rear view mirror and a missing bar end so badly fucked that he's going to have to re-tap the screw to put a new bar end on. And he wants money from me to fix it.

I showed the dude photos of the bike before he commited to buying these, at which time bar end was securely on the bike, and the rear view mirror was in good nick (fuck, I just replaced it a week ago!) but I suppose one can make an argument saying these have been digitally altered.

What the fuck? What do I do now? I pretty much have no proof that the bike was fine asides from mine, and my mrs (who was with me at the time) word that it was good.

I never signed anything at the transport company. I simply dropped off the bike an got a slip saying I'd dropped the bike off.

I'm posting this because if I contact the transport company, I'm pretty sure they won't simply say "oh yeah we totally fucked your bike in trasnsit, sorry" and wear all the blame.

Don't want to name the company just yet.

[Bender]

Put yourself in his shoes. Then do what you would like done if you were him.

[imdying]

Given that the sellers first reaction was to question your integrity, tell him to shove it up his bum and not to contact you again.

I would however also tell him that if he's willing to apologise for that, then you'd happy to provide two witnesses as to the bikes dropped off condition, should he choose to take the carrier to the disputes tribunal over it.

[jim.cox]

As in title.

I sold a motorcycle, and the seller (Who is in Christchurch) organised transport.

Presume you mean that the buyer organised the transport

If so, they were HIS agents, and as such it is on him to sort it with them.

[Mully]

Were there pictures on the ad that you sold it on?

You probably should have got a "recieved in good order" from the trucking company - but hindsight is 20/20 of course. What's on the slip you got from the truckers??

Legally, it's either "buyer beware" (if it was damaged when you sold it) or his claim on the carrier under the Carriage of Goods Act 1979 (he had the "contract of carriage" - you weren't a party to that contract). Of course, if he's signed for it "in good order" he's fucked under the CGA

Were I in your position, I would supply him with the photos of the bike from the ad, and offer to assist wherever you can in his claim against the trucking company.

[breakaway]

Here's the full story - I put the bike on trademe (classified ad, not an auction), and didn't have photos to upload right there and then, so I said "Photos soon to come" on the listing. Before I could come home and get some photos to upload, some bloke from Christchurch rings me up keen as a bean for the bike. He makes me an acceptable offer.

He then says since he can't look at it, if I'd be okay with having the bike inspected by the local dealership. I have nothing to hide, so I say no worries, and we go get it checked out (2hrs of my own time gone) - and the check comes back all good.

He speaks to the dealership, and they tell him all the details. He then phones me, and tells me that the dealership told him the bike was mechanically sound, but there was some cosmetic damage. I offer to take photos and send to him, so he knows what he's buying, to which he readily agrees.

So I get home, take photos, send em off via email, and he calls me right away and says "Okay I'm happy with this - money will be with you tomorrow. I've organised trasnport, drop it off at Company X and they will ship it to me". These photos show intact bar end and mirror as well.

I drop off the bike at transport company the following day after making sure the money was in my account. A few days later, I got this email accusing me of being a liar and how I should compensate him for the damage.

[Ronin]

Here's the full story - I put the bike on trademe (classified ad, not an auction), and didn't have photos to upload right there and then, so I said "Photos soon to come" on the listing. Before I could come home and get some photos to upload, some bloke from Christchurch rings me up keen as a bean for the bike. He makes me an acceptable offer. He then says since he can't look at it, if I'd be okay with having the bike inspected by the local dealership. I have nothing to hide, so I say no worries, and we go get it checked out (2hrs of my own time gone) - and the check comes back all good. He speaks to the dealership, and knows his. He then phones me, and tells me that the dealership told him the bike was mechanically sound, but there was some cosmetic damage. I offer to take photos and send to him, so he knows what he's buying, to which he readily agrees.

So I get home, take photos, send em off via email, and he calls me right away and says "Okay I'm happy with this - money will be with you tomorrow. I've organised trasnport, drop it off at Company X and they will ship it to me". These photos show intact bar end and mirror as well.

I drop off the bike at transport company the following day after making sure the money was in my account. A few days later, I got this email accusing me of being a liar and how I should compensate him for the damage.

So if that is the case then I would be telling him to contact the carrier. The bike was inspected by someone independant that he organised, he ok'd the pics and the carrier hasn't noted any obvious damage when you dropped it off (which they would, if there was)

I can understand how pissed he must feel but I think he has lined up the wrong target.

[Genie]

It is buyer beware....rear view mirror....hey it got knocked off on the way. surely he can work that out for himself! He's just pissed as he new purchase didn't quite go to plan and he now wants you to sort it for him. Tell him sorry mate, when it left here it was fine. It's just one of those things and you are not obligated to pay for any repairs. It's his problem and he can sort it with the trucking company. It isn't your responsibilty to contact the trucking company at all......go have a nice cold beer and relax.

[Jonathan]

He then says since he can't look at it, if I'd be okay with having the bike inspected by the local dealership. I have nothing to hide, so I say no worries, and we go get it checked out (2hrs of my own time gone) - and the check comes back all good.

No problem then, he can call the dealership and they can tell him the mirror and bar end were all good when they checked it out right?

[yachtie10]

Just respond that the damage in question must of happened after drop off to transport company as it wasn't there when dropped off.
Just say you are happy to back that up to the transport company.

the issues is then in his court.

[Mully]

Problem solved.

His issue with his carrier.

I suspect he's signed for it clean and now can't claim on them....

[breakaway]

Yep - I've already emailed him saying there was nothing wrong with the bike when it left here, and I would be happy to help him try to get the money for damage out of the transport company.

[Lurch]

Just tell him it's his fault for being such a pussy and not riding the bike to ChCh like a real man.

[Scuba_Steve]

seems a pretty simple case, he has to get the transport company to payout (if he didnt get insurance I belive this is capped at 1500$) but its his resposibility to take it up with the transport company he has the pics of the bike before transport and the report so this should be pretty simple but no blame, resposibility or cost lies with you.

[cold comfort]

[QUOTE=breakaway;1129614910]
- "and the check comes back all good.
He speaks to the dealership, and they tell him all the details. He then phones me, and tells me that the dealership told him the bike was mechanically sound, but there was some cosmetic damage. I offer to take photos and send to him, so he knows what he's buying, to which he readily agrees.
So I get home, take photos, send em off via email, and he calls me right away and says "Okay I'm happy with this - money will be with you tomorrow. I've organised trasnport, drop it off at Company X and they will ship it to me". These photos show intact bar end and mirror as well."

As i see it it's caveat emptor (buyer beware) not to mention
(1) you have witnesses it was as stated
(2) the dealer can confirm
(3) you sent photos (which he was happy with)
(4) its his transport company
Can't see how its your problem. He just needs to get over it or talk to the mover. Bought my DR from a photo on TM. Seller reperesnted it as NZ new (it is not therefore mileage not correct). Year was wrong also but nothing i could do. Figured at the price there would be a few lies told so no point getting excited.