The Electra Forums

Darn it, a shopping damage claim wouldn't even be good because he packed it poorly -- that's why I told him to have UPS pack it !! But, of course, this does not sound like shipping damage at all..........so, do you want to keep it if he offers a partial refund ? -- and what would be reasonable $$ ?? If this isn't viable, then will he agree to a refund ?? If so, have him open a "Cancel transaction" case with the reason "buyer returning item for refund". If he does not agree to refund, you can open an "item not as described" case and he will have to refund - even if he disputes this, ebay VERY (EXTREMELY ALMOST NEVER !!)RARELY decides in the sellers favor !!! (I kinda laugh at listings stating "no returns" because I don't have a choice but to refumd if buyer says not as described no matter what my listing says) -- DO NOT return item without either one of these cases opened. Let him know his fees are refunded if you return ther guitar. Of course, if you return you are out the cost of return shipping - seller is responsible for item cost plus original shipping only. I think this was the first guitar he ever sold, sad he didn't have a clue about rating the condition.....

Thanks for the advice guys. At this point he states that it doesn't even sound like the same guitar and is asking for my pictures before he will decide what he wants to do. He also mentioned having me send it back to him.

I have had my regular luthier look at it as well as a second gentleman who I never would go to as his experience and rep in this area price him out of my league.

Both inspected the guitar AND the case. Both basically laughed as if I was joking when I asked...

1.) Has this guitar ever been played? (and)...

2.) Could shipping have caused all of this damage?

I stated my desire to come to a compromise as I would like to keep it. But for it not meeting his claims and auction description of condition, it is good for action, electronics (one mildly scratchy pot) and function. Frets are tarnished but very good Mike, so while I know without equivocation that is has been played, it probably was not enough to mark up the frets very much. As he is now not continuing to offer to email his pics I suggested he upload them to a Photobucket account for me to view instead. "Every inch" of a guitar is alot of pictures.

While I have no intention of anything shady, I do feel that a compromise given the unmet condition is fair since I do really like it otherwise. I'm not thinking I'll get it for a hundred bucks or anything, but if he had just posted an auction saying "Extremely Fine condition" and not set an initial minimum at over $1500 he probably would have gotten $500 easy for it in the first go around.

Whenever I see these high starting bid listings I always wonder if they wouldn't do better staring at 99¢ and seeing how high a group of bidders will take it. High minimums always have a chilling effect on my desire to involve myself.

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...throw me a frickin' bone here, people...

Just reread your post above Dave. To be clear it does look POSSIBLY that the case was slightly damaged during shipping as there are 3 marks on it, but no corresponding marks or damage exist on the guitar near those external case marks. So while I might be persuaded that a tiny fraction of the damage could by slim chance have occurred during shipment, it would be a thousand times a more reasonable explanation that a postal employee saw SKB on the box, knew what that could mean and committed a felony by tampering to see what was inside.

You tell me which is more likely... the above or your early recollection of his stating he had no clue on how to rate it's condition.

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...throw me a frickin' bone here, people...

Unfortunately, I have had some experience with ebay's dispute resolution. There is a time limit for filing and resolving a claim, so I would encourage you to file one soon if you do not see signs that the seller is willing to work toward a reasonable solution: return guitar for a full refund (including shipping) or decide how much the guitar is worth in its current condition and ask for a price correction. After you file a claim, ebay encourages you to resolve the issue with the seller, but this way you don't get stuck if the seller is unreasonable. Ebay doesn't step in unless you can't come to an agreement. It is a long process.

In my opinion, it really doesn't matter whether the guitar was damaged in shipping or if the seller misrepresented the guitar. You paid for a guitar in excellent condition, but received a guitar that was pretty beat up.

There will be other x940s that don't come with all the bad vibes.

BTW, Mortarman has got to have a nice x940 and he's looking to clear out room.

If you could talk him into selling, I'm sure he would include a bunch of extra good vibes for free.

It's always so darn difficult to let go of it, I sincerely hope he sends you some $$$$ and you get to have your axe and play it too. If it's meant to be, you'll have it at the right price....If it's not then you'll probably get a better one soon anyway.

Thanks x940 & Jay. To be clear the finish damages are fairly mild and I would have not complained if he had described it as near mint or extremely clean or something of that sort. But he didn't. He basically claimed in the description (and an attached video) that it was purchased, immediately put in it's case and never touched again until just a few weeks ago.

He was basically calling Nigel Tufnel a slob by comparison.

It is one of the top 4 guits in terms of overall condition in the fleet here. But no chance it meets his claims.

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...throw me a frickin' bone here, people...

It's no fun when a seller decides he's a professional appraiser also rather than a pro vendor who seeks knowledgeable appraisal. Self-confidence is good but it's important to know when it's time to seek assistance. Hopefully this vendor sees this as a learning experience and not a battle for every dollar.

Seems the jury is still out so we're crossing our calloused fingers.

He's serving hard time in my penal system. First offender or not, the description Iceman has given point directly to misrepresentation of the physical condition. The guitar may well be one of the nicest X940's on the planet (making Iceman's keep/return dilemma more difficult) but clearly not a dead mint, unplayed, NOS guitar. I hope for Iceman's sake, the seller will realize this and make at least a token compensation.

He said penal

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"If it ain't been in the pawnshop,it can't play the blues" R.L.Burnside

Just FYI -- an "item not as described" case must be opened within 45 days........

I was only doing my duty.

I will be opening a dispute case with ebay this week just to cover myself if it gets to that.

BTW Joe, your former x270 arrived safe as kittens and my wife says "Oh Yeah! ... this thing is sweet!!!

Thanks a bunch! Hope the new G-daughter is doing well...

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...throw me a frickin' bone here, people...

Hey Ice,sucks about the 940-worst feeling is expecting something minty and getting something much less,unfortunately thats the norm on ebay and not the exception.
Glad to hear the wife is bonding with the Invicta and it arrived safely,lotta cool tones to be had there.
New grandaughter is doin' great-even though her big sister(2) decided that she needed to be put away with her other toys in a toybox Siblings.....can't kill them,can't put them in a box!
Joe

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"If it ain't been in the pawnshop,it can't play the blues" R.L.Burnside

Well a glimmer of hope finally. His latest message back to me regarding this guitar is below...

Hi Steve, it is obvious that you are much more of a guitar expert than Myself. I am not a musician, i am a picker. I purchased the guitars from an estate sale. I did take them to milanos music in mesa and out of all the guitars they looked at this was the one he said was brand new. I was told buy the gentleman I purchased it from that it was his sons guitar and it sat under his bed unplayed since 1982 as he went on tour and never returned. The guitar expert offered me $550 on the spot and it would have been such less of a hassle to just sell it to him. I have never sold a guitar before on ebay, and I never will again. If you want we can open a claim, I can refund you the money and you can ship it back. I will take it to back to the shop and see if his offer still stands. Sorry to dissapoint you with the electra, I obviously went overboard with the description, but it is such a cool, clean guitar. I just hope it doesnt get damaged any further in shipping it back. Just get it back to me in one piece and ill leave you positive feedback. My apologies again Sonny -claimyourcoin

So after a dozen or so emails back and forth he decided his previous story vs. the 3 luthiers I have had appraise this axe was going to end up a loser. Most of the details above are the first time I've heard any of it from him, so he has not been totally forthcoming from the get go. This message came after I pointed out that 3 areas of wear he claimed could not exist could be seen on his auction pics, let alone the closeups I have. Last time I asked for the closeups he has he springs on me the old "I left my camera at a friends house and will add then to my Photobucket account once she ships it to me". You know ....that old chestnut.

I have made him a counter proposal of him partially refunding me $125 and we call it even. Interesting that now my chances of good feedback hinge on him getting it back will no additional damage.

I still say once a buyer makes prompt payment his part of the initial agreement is fulfilled and feedback should be immediately posted.


Wish me luck guys. I just want this to be over with.

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...throw me a frickin' bone here, people...