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IBM CGA in original box arrived by UPS today

Hopefully you've also opened the case with eBay as well. Having worked in shipping depots loading trucks, unloading trucks, and moving freight to be loaded into trucks, I can tell you that many are NOT careful with their charges, regardless of who or what agency you ship with. That said, the horror stories I've heard most, and most often from the employees themselves, are from UPS. I do not ship with them.

I've had great luck with Fedex and USPS. I actually prefer the latter. Typically, I make my special packaging demands prior to paying for my auction, and in most cases, the sellers have had no problem with accomodating me. I tend to package stuff well beyond what's actually necessary to survive transit, as I know at some point, the package I'm shipping will be dropped, kicked, and mishandled. I don't expect a seller I'm purchasing from to do that, but I make no bones about demanding extra bubble wrap, foam inserts, cardboard backing, double-boxing, etc - though I always make sure that they know I'm willing to pay for that extra care as well, and in some extreme cases, I've been known to ship them the packaging and protections that I want used to have my item shipped with (that with my NEC Multisync purchased last year for $19.95 plus $60 coast-to-coast shipping.. .was worth the extra $12 and an hour's time to me to ensure that it would arrive to me in the condition that it was photographed in, and I think the seller was glad that he didn't have to scrounge up packaging)

Good luck with your claims... and if you're looking for new casing for your 5153, message Stone - I believe he has dead tubes in good cases. Perhaps you'll be able to save the back panel that has the serial number on it when you rebuild your monitor.
 
This is a terrible sight indeed!

I have received stuff in condition like this in my business : boxes seem fine and inside was a mess , speaking of brand new electrical equipment.
All it takes is for a box to drop flat from some height, fragile plastics (like the aged IBM ones in this case) just can't absorb the shock I guess... I hope you work things out on this
 
Tiberian Fiend said:
FedEx is the only shipper I really trust. My UPS guy drops things on the floor of his truck as soon as he pulls up. I know because I could hear a loud "thunk" as he was unloading my Deskpro 286.
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FedEx guy dropped my 5162.... None of them can be trusted universally. Some are good in one area and crap in another.
 
Maverick1978 said:
I've had great luck with Fedex and USPS. I actually prefer the latter. Typically, I make my special packaging demands prior to paying for my auction, and in most cases, the sellers have had no problem with accomodating me. I tend to package stuff well beyond what's actually necessary to survive transit, as I know at some point, the package I'm shipping will be dropped, kicked, and mishandled. I don't expect a seller I'm purchasing from to do that, but I make no bones about demanding extra bubble wrap, foam inserts, cardboard backing, double-boxing, etc - though I always make sure that they know I'm willing to pay for that extra care as well, and in some extreme cases, I've been known to ship them the packaging and protections that I want used to have my item shipped with (that with my NEC Multisync purchased last year for $19.95 plus $60 coast-to-coast shipping.. .was worth the extra $12 and an hour's time to me to ensure that it would arrive to me in the condition that it was photographed in, and I think the seller was glad that he didn't have to scrounge up packaging)
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I am with Maverick. I always specify what kind of packaging I want, and for expensive delicate stuff I always check on my packaging requests BEFORE bidding on an item. I know I have passed on items because seller's refuse to double box and have paid extra for seller's to ship packed well. My pet peeve are sellers who charge and arm and a leg and then ship BRAND NEW UNOPENED vintage HW in store display boxes.

The other one I like is the term "As-Is". I am not sure why seller's think that covers them from anything. "As-Is" simply means the buyer will get it it in the same condition that the seller has the item in now. I.e. if 30 years ago you put it in storage in working condition then the customer will get it "as-is" the same working condition when it arrives. The fact that the seller was too lazy or unwilling to test the equipment offers them no legal coverage what so ever. In fact by not testing it you are implying the item is working. Now of course if the seller says 5153 w/ broken case being sold as-is then you don't have a claim, but most seller's do their darnedest to give you the impression the item is in perfect working order but stick an as-is so they don't have to take a return.

If you want to keep the item there really isn't anything they are going to do for you unless they want to be nice and give you a partial refund.. If you are willing to return it then you can get a full refund. In a case like this I would insist on return shipping being covered by the seller and he can get the money from UPS (BTW: you have no claim at UPS what so ever. Only the original shipper can take up the case with the shipping company - USPS is an exception to this).
 
Stone said:
'As-Is' means it does not work. If you think it means anything else you're better off buying a lottery ticket. BTW, the Lottery is nothing more than a game for people who are terribly bad at math.
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Good luck with that in court. "As-Is" is exactly what it says. If you imply it works and sell it "as-is" then it means it works. If you say it does not work and sell it "as-is" then it means it doesn't work. Yes, in eBay speak as-is is code for "this is junk but I am hoping someone won't realize it and bid huge amounts of money." But eBay sellers, generally live in their own world right up with guys who want you to make them a blind offer on items they are selling.
 
I gave up on UPS after the brokerage fees hurt and then they nearly bankrupted me when they delivered a package when I was not there, noted that I was not home, and instead of trying the next day they shipped it back and flipped me the bill for return shipping AND the brokerage fees.
 
I had a Tandy 1000 with monitor arrive the same condition, got my money back though, but still a nice computer destroyed for nothing.
 
Shadow Lord said:
The other one I like is the term "As-Is". I am not sure why seller's think that covers them from anything. "As-Is" simply means the buyer will get it it in the same condition that the seller has the item in now. I.e. if 30 years ago you put it in storage in working condition then the customer will get it "as-is" the same working condition when it arrives. The fact that the seller was too lazy or unwilling to test the equipment offers them no legal coverage what so ever. In fact by not testing it you are implying the item is working.
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I couldn't agree with you less and I am quite positive that you'd have absolutely no legal recourse here.

http://legal-dictionary.thefreedictionary.com/as+is

http://www.businessdictionary.com/definition/as-is.html

Once again, I'd say your chances would be better if you were to play the Lottery. YMMV :)
 
Stone said:
We were speaking eBay, weren't we? :)
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We are speaking eBay but as-is doesn't even hold true in eBay (i.e. just because you sold it as-is doesn't mean you are not issuing a refund). It just makes a seller think they can screw over the buyer by pulling a fast one. ;)
 
Stone said:
I couldn't agree with you less and I am quite positive that you'd have absolutely no legal recourse here.

http://legal-dictionary.thefreedictionary.com/as+is

http://www.businessdictionary.com/definition/as-is.html

Once again, I'd say your chances would be better if you were to play the Lottery. YMMV :)
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I am not sure why you think anything in those links gives credence to what you said. They say the same thing as I've been saying. As-is means just that: as-is. The term originated, obviously, in face to face transactions in which the buyer has a chance to inspect goods to their satisfaction (i.e. I plan to sell my car to you as-is, you take it to your mechanic, he tells you all is kosher we conclude the transaction, the car breaks apart as you drive out of my driveway. Too bad for you). In an online transaction the buyer has no opportunity to inspect the goods until it arrives. Since buyer was not given sufficient chance to inspect goods as-is does not apply. At best as-is in an online transaction applies to the seller's disclosures (i.e. "has a broken CRT tube but otherwise excellent for age").

If you really want to sell w/o buyer recourse you need a good/strongly worded disclaimer: e.g. "I am selling you my 30 y.o. junk. I know it doesn't work. It didn't work then and it didn't get magically fixed sitting in my wet, moldy basement. I am not going to bother packing it so it won't break in shipping because it is already broken." Of course a disclaimer like that won't bring in the big bids but YMMV. :D
 
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You have a tendency to read-in phrases that aren't/weren't in the references we just discussed. This one ...'Since buyer was not given sufficient chance to inspect goods as-is does not apply.' is your opinion.

I see this as the conclusive point and that is something that I read, not read-in, or an opinion I hold.... 'As is' translates into 'with all faults.'

Or this... 'The term as is gives notice to buyers that they are taking a risk on the quality of the goods.'
 
Again as always here, I learn everytime I ask a question. Thanks for all the info about how to make sure things are probably packaged for shipment. If I had asked before hand I probably could have saved this monitor.

Thanks again to everyone for responding and for all the great information
 
As is just means the seller waives any responsibility regarding the functionality of the item. You won't get your money back if it doesn't work. But yes they would still be responsible for sending an item that's in the condition that they specified. In your case it might be difficult to determine in which place the damage occurred which is why you report it to all the folks in the transaction. Yes, us pessimistic folks consider as-is likely meaning the seller tried it and it didn't work so they're pretending they didn't try it and selling it untested. I suspect many stores do the same thing (illegally or immorally) selling used items as untested/as-is when they tested the object and know it doesn't work. I caught one store putting a drive bay I had returned and it was defective back on the shelf because I marked it on one of the proms just for shiggles. Sure enough, it magically showed up on the stock shelf. Of course that was a local computer shop and that's just the way the owner made money off folks who didn't know better.
 
I believe you would win the lottery ten times, before you will find a box(any box) to fall FLAT. And after you win that lottery the first 9 times, try it with a box of feathers, and see if that box dropped flat has no noticeable scuffs. Now, add a 20-30 pound monitor (the kind with a picture tube in it, a picture tube with a screen end heavier than the tail ), now drop it, if you can, flat. If this could possibly happen, so smoothly that it did not scuff the box, but still destroyed the monitor, how could it be that the packaging materials inside the box were not also broken in some noticeable way ? That styrofoam carries loads well but in case of impact it breaks or gets crushed. Is there any visible damage to anything other than the damaged goods?
 
I'm always "anal" when buying off of ebay, expressing great concern on how the item is to be packaged, after a few run ins with morons who don't have a clue how to package stuff properly..
 
Here are some pics of the monitor in the box. Notice the styrofoam is still intact, but notice the damage to the side of the monitor.

Monitor_2.jpgMonitor_6.jpgMonitor_9.jpg
 
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