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Ok heres the situation.

I traded a Grey Knight army to someone and they sent me a Tyranid army. I sent everything packaged nicely to avoid damage and in a box with nothing wrong with it. I got a Tyranid army where well over half the models were broken into several pieces. The Carnifex's were in shambles and it was a miracle that they were able to be salvaged at all. A lot of the smaller gaunts weren't able to be saved and someone had spray painted the thickest ugliest blue paint on the older pewter Warriors that I have ever seen.

So I contact the guy and say its a no go and we need to send each others armies back. Since there was nothing wrong with the Grey Knights I sent I naturally wanted him to send them back before I sent back the Nids. So a week goes by, then another, then another and finally after a month there is nothing. So I try to get ahold of the Postal Service and find out that instead of coming south from Michigan to Tennessee where I live the package went east and ended up in Pennsylvania for some reason. I try to get ahold of the postal center where its at and nothing happens. So I tell the guy that he needs to get ahold of his postal service in Michigan and see whats up.

Now apparently the Postal Service has told him that the package is lost and or destroyed. Since he didn't put insurance on it they aren't going to give him his money back that the army was worth. However he wants me to send him money to make up for his loss. I do not feel obligated in the slightest to send him the money since it was his screwup that caused this whole mess. However I do still have the Tyranids that he sent me but I do not feel that it would be right for me to send them to him since the Grey Knights are a complete loss.

Any help in this situation would be appreciated.

Thanks,
Jerry

Moved from Backouts to Questions/Help.

And.. my first thought is that the situation is a mess!

Will get back to you in a bit with suggestions..

Simple. He's responsible. He owes you it's worth.

Wow, this is bad--

If I understand correctly, you are out YOUR army, and you don't want HIS army.

Dude, that sucks.

Your partner really only has three options here.

1. Let you keep the Nids and add some sort of balancing compensation so that you're happy.

2. Pay you the value of your Grey Knights at which point you send him back his Nids.

3. Arrange for you to receive a proper Army Swap (which is what you wanted in the first place) at which point you send him back his Nids.

Agreed with all so far .


First, I have to ask....

A lot of the smaller gaunts weren't able to be saved and someone had spray painted the thickest ugliest blue paint on the older pewter Warriors that I have ever seen.

Unless i missed something, were no pics of either the GK or Nids exchanged? Sure, it probably would have eliminated the trade, but we wouldn't be at this juncture now.

Hindsight is always 20/20. Unfortunately, you kinda threw fate to the wind without getting any pics. You now have a box of models that you do not want, so I'd make sure you always get pics in future if there is any question. You can usually tell from previous refs, various reports on BT (backout and others), or just get a gut feeling from the way someone writes in their pms. It comes with time - but definitely remember it from here on out .


That said, it sounds like return shipping DC was used (that's how you know it ended up in/near Pennsylvania, right?) and that can be used in his defence to show his diligence in remailing something to you. The lack of care in his remailing however, is shown in the fact that he didn't use any insurance. That - to me - shows negligence. I believe that it should be upon his shoulders to set this right. I would suggest the following:


If the models were the new GK line, he pays you at least the cost of GK models, plus your original shipping to him, plus the re-shipping amount for the nids you currently have in hand (based on his zip) and you return the nids upon his complete reimbursement. If they were the last edition metals (or a combination of old and new), work out a reasonable amount for the lost models.

Be a little flexible and only accept either a USPS money order or paypal payment (with the paypal amount adjusted to offset their cut).

Once things are set between the two of you, I would deeply suggest carefully wrapping the nids for the return trip as you did the GK. Buy DC and Insurance, then provide those numbers in a timely manner to the other trader. Watch the scans of the DC in progress and when it shows as arrived, check in with the trader to make sure he has received them. Ask that he leave a ref for you within a day or so - tops.

As he received items from your side of the trade in a decent amount of time and in the condition stated (sans those pics... ), you should receive nothing worse than a positive ref. On the other hand, he could receive a positive, neutral, or negative based on his handling of the situation and your kindness level. Considering the story at face value and his desire to set everything correct in the end, I would give him a neutral at best after you have received a ref from him.


Cut and dry, the only loss that he has incurred is reflected in the original postage amount for the nids, then the reshipping amount for the GK, (because he'll have his nids back once he sets it straight). Yup - he's lost out on the GK, but that's his fault for not ensuring that every route was exhausted in returning them (DC AND Insurance).

If you feel it proactive in securing the situation, you could choose to reimburse something for the original postage of the nids to help smooth things out.

Actually I was thinking of making a topic here myself. I'd like to say some things, if I may. I'm the other trader involved here.

I never said I wanted to be reimbursed for anything. I merely pointed out the disparity in value between the 2 armies traded, which is my own fault for initiating. I really regret creating the impression that I thought I was owed something. I definitely want to work this out as amicably as possible, though.

I would really like to discuss this via PM; I've actually only talked to Decado here a few times. I was originally contacted by a friend of his, who I have maintained contact with throughout this whole situation, and was told that you (Decado) don't have an email address, thus I talked through your friend. I just sent you mine via PM, I hope we can get in contact rather than deal through an intermediary.


Thanks, and again, apolgies,


Al

If I'm reading this right, the OP received the (less than pretty) army he was promised, but the GW army he sent his partner was never received?
If that's the case, then it's actually the OP's responsibility to make his trade partner whole. As a trader/seller, it is YOUR responsibility to ensure that your parcel reaches your partner in the promised/expected condition. If you failed to insure it, that's your fault, unless you offered your partner the opportunity to pay for it himself or accept responsibility for lost/damaged items (typically, this is in case of a sale - trades typically see each person pay for the stuff they're sending). So, if you did not insure it or make sure your trade partner knew he had to pay for insurance or cover any loss, they you're responsible for the lost GK, not him.
In this instance, even if the Nids had been pristine, the GK's would have still never arrived, leaving your partner at a deficit.

If my reading of the situation is correct, you need to make him whole by returning the Nids or paying him some agreed upon value, with the understanding that you'll be watching the GK's and, if they ever show as being delivered, he has to return them to you.


Eric

MagickalMemories wrote:If I'm reading this right, the OP received the (less than pretty) army he was promised, but the GW army he sent his partner was never received?

No--the trade partner received the GK army, and, when sending it back, it got lost.

s_o_r_r_o_w wrote:

MagickalMemories wrote:If I'm reading this right, the OP received the (less than pretty) army he was promised, but the GW army he sent his partner was never received?

No--the trade partner received the GK army, and, when sending it back, it got lost.

Ah.
Yeah.
That changes things. LOL

Since there was nothing wrong with the Grey Knights I sent I naturally wanted him to send them back before I sent back the Nids. So a week goes by, then another, then another and finally after a month there is nothing.

He didn't say the other guy sent them back, so I was going on the presumption that this was the original shipment (his shipment).

In this case, take everything I said and simply switch subjects. My comments on the OP and his partner are pretty much the same, but each should be applied to the opposite trader I initially referred to. : )


Eric

This is where you went by it MM:

"So I contact the guy and say its a no go and we need to send each others armies back. Since there was nothing wrong with the Grey Knights I sent I naturally wanted him to send them back before I sent back the Nids. So a week goes by, then another, then another and finally after a month there is nothing. So I try to get ahold of the Postal Service and find out that instead of coming south from Michigan to Tennessee where I live the package went east and ended up in Pennsylvania for some reason. I try to get ahold of the postal center where its at and nothing happens. So I tell the guy that he needs to get ahold of his postal service in Michigan and see whats up."