Help! THey want to take my gun!!!

[Gun Collector]

Hoping someone here can give me some clear direction. I Had been looking for a Remington 11-87 20 ga Light Contour shotgun for about 18-months. Finally won an auction from a major gun source. Gun was shipped to my FFL. FFL called me and told me the end of barrel had been damaged in shipment. I was out of town and my dealer sent me some pics of the gun. End of the barrel was jammed thru the box and the lip of the barrel bent. Choke tube was also bent a bit. Don't know if a good smith could fix this or not. I contacted the seller and this is where it gets interesting.

Seller contacted carrier and filed claim. Carrier will be in early next week to look at the gun. Meanwhile, seller tells me they will probably refund my money and take gun back. When I asked what they do with the guns that get damaged I was told that they part them out or sell them off cheap to employees or a local dealer. I told seller I looked for this gun for 18 months and want the gun and will be happy with an adjustment or a new barrel. Seller claims I have no say in the matter. Seller claims its out of my hands and I will probably be offered a refund. Meanwhile, a call to UPS and they tell me if they pay for the gun its theirs and I have no say in the matter. Dealer says depending on the carrier, the claim is usually paid and the purchaser is given a check and the gun.

Can anyone clarify for me who is talking the right message here? I saw the gun and it's even better than I thought. Darn nice and it would complement my 11-87 12 ga. I've been trying to find a Premier Light Contour barrel and have come up with nothing. How Remington can produce a gun and not support it with replacement parts a few years after production is beyond me. How can I keep this thing? I paid for it, how can it just be taken back without my agreement?

 

[Mgderf]

You had the "right to first refusal" upon winning the auction.
Since the item arrived in a condition other than that which was described in the sale ad, you are under no obligation to complete the purchase as originally agreed.
Once the item is refused/returned, the sale is "off", and I don't believe you have many, if any rights, other than a full refund.

Sorry about your luck.

 

[russc2542]

Agreed. Not an expert but I've heard of a few issues with incorrect/damaged items and in every case: if they keep your money, sure you keep the item. If they return your money, no you don't get to keep the item. Anything in between has to be negotiated and agreed upon and generally only happens with big corporations on cheap stuff where the return postage/repair/restocking effort exceeds the value of the items.

That's a huge let down though. I feel for ya.

 

[Hornett]

Having helped a friend look for a Remington Light Contour barrel a few years ago, you are out of luck.
They are RARE.

Man, you were so close...

 

[lazarus0213]

I have had tis happen before... UPS has treated me like total dog crapola. they only dealt with the sell/shipper on the claim and claimed the product would be destroyed if a claim was in fact paid. I had to contact the seller/shipper and ask him to not receive a claim and ship the product in a different manner. I was out full price and the seller and I agreed to just deal with it. it had also happened once when I bought some sheets of uncut us bills, ups claimed that money cannot be insured. They would move on their position that it was still money even though uncut currency isn't considered legal tender. UPS left me crap outta luck on that one too.

 

[Libertarian01]

As I understand it from my Business Law class the overriding LAW is the Uniform Commercial Code, or UCC for short.

It was years ago but I remember the professor, who was a practicing lawyer, give us all sorts of examples regarding what can or cannot be done.

From my extremely limited research you might want to read this: https://www.law.cornell.edu/ucc/2/2-607#2-607(3)

There is also a LOT of reading here: https://www.law.cornell.edu/ucc/2/article2

If this is truly important to you I would spend some coin to sit with a lawyer who is extremely familiar with the UCC and determine what law says regarding this issue. What they may do is try to strongarm you into giving up your rights and once you do... it's on you.

If I am reading this right IF you reject goods shipped to you for repudiation then you have the legal right to value the goods at YOUR location, not the sellers. Link: https://www.law.cornell.edu/ucc/2/2-713

There is way too much here for me as I am not a lawyer and even many lawyers may not be intimately familiar with all of the nuanced aspects of the UCC. Just reading the law doesn't begin to cover any case law or interpretations of the receiving of goods. As far as I am concerned if they arrived and are in your possession then they are yours, without waiving your rights to seek damages. However, you will then get into the UCC rules governing the common carriers.

There is much ground covered under the UCC, some of which may protect you in this case - IF you are willing to quickly move to protect any rights you may have.

Good luck!

Regards,

Doug

 

[churchmouse]

Accept the damaged gun. If you want it that badly then take it home.
Find someone capable of repairing it or locate a new barrel if possible.
I have dealt with damage through UPS in the past and they completely suck.
This would be my approach. "And" another of the many reasons I will not buy a gun on line.