"Tio Pedro" wrote in message
...

"Brenda Ann" wrote in message
...

"Jim Menning" wrote in message
...


Can't be a no loss one. Even if he gets all his money back, he's then
obligated to ship the radio back to the seller at HIS expense. There are
no winners in this situation, only ways to cut your losses.

.... maybe yes, maybe no ... they might not want a damaged unit
back, I wouldn't ... If I where the seller, I would request
detailed photos of the unit and the shipping box (only to verify
no scam was being attempted) and then refund all of his
monies, including shipping along with an apology and chalk
it up to a shipping lesson ....

Under the laws of many states, I am damaged by the amount of
the value of the radio, which may be entirely unrelated to the
selling cost. There have been court cases were sellers reneged
on a deal, and had to pay damages that exceeded the agreed
upon price.

.... that is not correct. You are not damaged, you have received
damaged goods and are out of pocket the amount you paid.
You would have to prove that somehow the damaged goods
caused damage (financial or monetary loss) to you and that
seems unlikely.

.... you are entitled to be made whole .. it is clear from the
flimsy packing, the carrier would not pay for the damage
caused by the negligence of the shipper .. I suggest you
request the price you paid for it be refunded and possibly
a good part of the shipping cost if there where handling &
packing fees added ... you will keep the unit (still has value)
spare the seller a negative if he meets your request ...
I don't think you are entitled to a full refund (inc. shipping)
because that would leave you ahead or enriched ...
granted the damaged unit is not what you wanted,
but it still has value ...


BTW: for standard insurance practices, the value of the item
IS related to the selling cost as the value was determined
when you paid for it ... when dealing with a shipping company,
they look at what you paid for the item, not what you
think it might be worth ...